(Download) "Ronald and Rose Avera v. Clark Moulding" by Fifth District, Dallas Court of Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Ronald and Rose Avera v. Clark Moulding
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 23, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from a summary judgment. Ronald and Rose Avera (the Averas) of Houston and Clark Moulding Company, Incorporated (Clark) of Dallas are in the business of manufacturing and selling picture frame moulding. The Averas had a process to produce a marble faux appearance as a finish on picture frame moulding. Being desirous of expanding production of such a product, the Averas began a series of discussions with Clark about a business arrangement between them. In essence, Clarks larger capacity for manufacturing, marketing, and capital coupled with the Averas process was believed to provide both with a potentially profitable business opportunity. The discussions centered around a plan that would pay the Averas a royalty on the products produced and sold by Clark. Discussions concluded when no agreement was reached. A short time later, Clark bought some machinery, at substantial expense, of the type contemplated in the discussions between the Averas and Clark as being necessary to mass produce the finished picture frame moulding. Clark also brought in an independent third party to utilize the machinery and develop a process to produce picture frame moulding with a marble faux finish. The Averas learned of this activity during the development process and before Clark produced any saleable items. Upon learning of Clarks activity, the Averas notified Clark by letter that they would demand a royalty on any product Clark produced with a marble faux finish.
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