Bexar County Ice Cream Co. v. Swensen's Ice Cream Co.

OPINION

DIAL, Justice, Assigned.

This appeal is from a suit for money due under four (4) franchise contracts.

The plaintiffs were Swensen’s Ice Cream Company and two subsidiaries, Swensen’s of Texas and Swensen’s Advertising Association. The defendants were the franchisee Bexar County Ice Cream Company and guarantors W.J. Sheppard 3 and James McCullick. McCullick died before trial, and his estate became a defendant. The defendants counterclaimed for usury, deceptive trade practices, breach of contract and fraud.

The non-jury trial was before Probate Judge Keith Burris. At the end of the trial…