Patrizi v. McAninch

Respondent filed suit in a district court of Travis County against petitioner to recover certain royalty payments due under a written contract theretofore entered into whereby the respondent sold to petitioner a certain patented machine for making frozen custard. Petitioner answered, and defended upon the ground, among others, that the contract between the parties was illegal and void because it was in violation of the antitrust statutes of Texas (Arts. 7426, et seq., Vernon’s Annotated Civil Statutes of Texas). Trial was to the court without a jury, and at the conclusion of the trial,…