Dr. Pepper Finance Corp. v. Cooper

Wyatt, Presiding Justice.

The demurrers to the affidavit of illegality, the motion for new trial, and the motion for a judgment notwithstanding the verdict all present the same questions and will be considered together. There is no conflict in the evidence. The only question presented is a legal one, which is whether, under the facts alleged and proved, the defendant,' having admitted a prima facie case, is entitled to be relieved of the obligations placed upon him by his contract.

The contract here involved provided, among other things, as follows: “3. Purchaser agrees as follows ... to…