Robinson v. Rudy

OPINION

DUGGAN, Justice.

This is an appeal from a summary judgment awarding appellee, Ellis Rudy, the balance due on a promissory note, together with interest, costs and attorney’s fees, and entering a take-nothing judgment against appellant, G.D. Robinson, on his counterclaim. Appellant asserts two points of error on appeal.

On October 6, 1978, appellant and appel-lee entered into a written agreement by which appellee advanced $15,000 to appellant to manufacture and sell 7,000 “Racquet Ball Exerciser Trainers.” The letter agreement provided that a royalty of fifty cents per unit would be paid…