Johnny's Pizza House, Inc. v. G & H Properties, Inc.

RULING ON MOTION

NAUMAN S. SCOTT, Chief Judge.

The parties to this lawsuit entered into an oral franchise agreement whereby Johnny’s Pizza House, Inc. (Johnny’s), the plaintiff herein, would authorize the use of its trademarks and tradename, and provide recipes and information in return for four (4%) percent of defendant’s, G&H Properties, Inc., d/b/a Johnny’s Pizza House (G&H), sales, net of sales taxes. Prior to discussion of the motions filed in this case, we review the following chronology of litigation:(1) On July 13,1981, G&H sued Johnny’s in Civil Action No. 81-1228-A before this Court’s…