Whataburger, Inc. v. Rutherford

GUITTARD, Chief Justice.

Mike Rutherford was dissatisfied with the “replicar” vehicle he won as a prize in a promotional contest sponsored by Dally Advertising, Inc., Whataburger, Inc., and Dal-Worth Whatco to promote Whataburger restaurants. He rejected the tendered prize and sued Dally, Whataburger and Dal-Worth Whatco for fraud and for breach of contract, alleging various defects. The jury found breach of contract, but did not reach the fraud issues under the court’s instructions. The trial court rendered judgment on the verdict against all defendants for $8,000 as the cost of remedying the…