Skoda v. a & W DISTRIBUTING CO.

MEMORANDUM OPINION

JOE J. FISHER, Chief Judge.

Plaintiff, owner of a root beer stand in Denison, Texas, brought suit against A & W Distributing Company and A & W International, Inc. to enforce certain terms of its license contract. The agreement, in its relevant part, 1 purported to give the plaintiff the exclusive right to sell A & W Root Beer in fountain drink form in Denison, while the defendants agreed not to sell bottled A & W Root Beer in the area. The defendants, however, reserved the right to wholesale and retail the soft drink in canned form. It now appears that bottled root beer sold…