Vann v. Toby

CRAMER, Justice.

This action was by Toby against Vann for actual damages of $11,558.16 and exemplary damages of $7,500 growing out of an alleged breach by Vann of a part written and part oral contract entered into by the parties about January 1, 1948. The written portion, omitting formal parts, was:

“This contract and agreement, this day entered into by and between Bill Vann, owner of the Cooperative Contact Company, of Sherman, Grayson County, Texas, and George E. Toby, of Dallas, Dallas County, Texas. (1) George E. Toby, inventor and sole owner of the Toby Street Marker, on which patent has…