Lum's, Inc. v. Farish

Defendant, Lum’s, Inc., appeals from a summary judgment for plaintiff, Farish, in an action which he brought to rescind a franchise agreement and for return of a five thousand dollar deposit.

The critical issue below was whether Farish or Lum’s was responsible for acquiring a site for a restaurant location in Austin, Texas. The written contract (franchise) between the parties provided that “site selection” for the restaurant was the responsibility of Farish.

Farish filed a request for admissions and sought an admission from Lum’s that it had the responsibility for acquiring the site to be used…