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Business Organizations Keyed to Ragazzo
Burns v. Gonzalez
Citation:439 S.W.2d 128
Defendant (in his capacity as a partner in a partnership) owned owned half of a stock in a Mexican Radio company. Defendant contracted with Plaintiff to give him airtime for the life of the station in exchange for $100,000. After 5 years, the radio station had some labor issues and no longer offered the agreed air time. The Radio company then assigned all its rights to Plaintiff with the defendants approval. Defendant then acting in their own (outside of his partnership) executed a promissory note payable to Plaintiff in exchange for the expected loss of to years of air time along with a promise to that Plaintiff would not sue. Despite having the promissory note, Plaintiff contracted for more airtime in exchange for more money and a promise to not sue. There was an integration clause but the promissory note was not included.
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