Stanford v. Dairy Queen Products of Texas

I would hold appellants proved by a preponderance of the evidence that appellee had an agency in Travis County.1 I would have no trouble finding, as a matter of law, that appellees’ agency is “a situation in which the business of the defendant is, in more or less regular and permanent form, actually conducted in the county of suit ...” Milligan v. Southern Express, Inc., 151 Tex. 315, 250 S.W.2d 194 (1952).

When persons visit a Dairy Queen restaurant they look to Dairy Queen for a favored recipe, quality control, cleanliness and price. They are not looking to whomsoever is inside, “slinging…