Legal Opinion
Jersey-Creme Co. v. McDaniel Bros. Bottling Co.
Court of Appeals of Texas
Decided January 2, 1913PublishedCited by 5 opinions
Appeal from District Court, Tarrant County; Jas. W. Swayne, Judge. Action by tbe McDaniel Bros. Bottling Company against tbe Jersey-Creme Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWillson, C. J.
Appellant, a corporation, owned a secret formula for compounding a syrup used to make a drink called “Jersey-Creme.” McDaniel Bros. & Co., a copartnership, were engaged in the business of bottling such drinks and. selling same in case lots to dealers. December 7, 1906, the parties entered into a contract as follows:
“Contract.
"Office Jersey-Creme Company, Fort Worth, Texas.
“Authorized Bottlers’ Contract.
"Name licensee: McDaniel Bros. & Co.
“Address: P. 0. Fort Worth; County, Tarrant; State, Texas.
“Contract begins: Jan. 1, 1907, and ends Jan. L 1912.
"Jersey-Creme Company -withholds the right to…
2Cited by5 opinions
- Coca-Cola Co. v. StateCourt of Appeals of Texas · 1920
- National Automatic MacH. Co. v. SmithCourt of Appeals of Texas · 1930
- Hubb-Diggs Co. v. MitchellCourt of Appeals of Texas · 1921
- Pennsylvania Rubber Co. v. McClainCourt of Appeals of Texas · 1918
- Portland Gasoline Co. v. Superior Marketing Co.Court of Appeals of Texas · 1951