Legal Opinion

O'Neal v. Total Car Franchising Corp.

Louisiana Court of Appeal

Decided December 16, 2009No. 44,793-CAPublishedCited by 2 opinions

1Opinion of the Court

BROWN, Chief Judge.

| plaintiff, Ruben O’Neal, entered into a Limited Rights Franchise Agreement with defendant, Total Car Franchising Corporation (“Total Car” which is “Colors on Parade”), a mobile automobile painting business whose home office is in Myrtle Beach, South Carolina. The agreement, which was prepared by Total Car, required plaintiff to pay $500 up front plus 40% of the franchise’s gross income. Furthermore, plaintiff had to buy a van and send it to South Carolina to be outfitted. In exchange, plaintiffs franchise obtained the exclusive territorial rights to car dealerships in…

Also in this document: Dissent.

2Cases cited5 opinions

  1. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  2. Aguillard v. Auction Management Corp.Supreme Court of Louisiana · 2005
  3. Cook v. AAA Worldwide Travel AgencySupreme Court of Louisiana · 1978
  4. Long v. Jeb Breithaupt Design Build Inc.Louisiana Court of Appeal · 2009
  5. Town of Homer, Inc. v. General Design, Inc.Louisiana Court of Appeal · 2007

3Cited by2 opinions

  1. Traders' Mart, Inc. v. AOS, Inc.Louisiana Court of Appeal · 2019
  2. Traders' Mart, Inc. v. AOS, Inc.Louisiana Court of Appeal · 2019

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