Austin v. Coca-Cola Co.

McMurray, Presiding Judge.

Plaintiffs Austin and Delvin are husband and wife, and shareholders of plaintiff BreakTime Fountain Service, Inc. The corporate plaintiff acquired a distributorship for Coca-Cola products via low-volume dispensers called “BreakMate Machines.” The BreakMate Machines were microwave oven-sized devices which dispensed three flavors of fountain soft drinks at competitive prices and were intended for placement in commercial locations.

The business enterprise undertaken by the corporate plaintiff was not successful due at least in part to greater than expected problems with…