This section contains the nature of the case and procedural background.

The original contracting parties were In & Out Food Stores, Inc. and Petrol Express. In & Out leased premises on which it operated a convenience store, and that contract gave the right to Petrol to conduct retail gas sales. Petrol was allowed to install the necessary equipment for dispensing retail gas and the agreement also prohibited In & Out from selling another other gas products from any other company. In & Out agreed to collect all proceeds from gas sales and deposit them in an account for Petrol. Net profits were to be divided evenly between the parties. The operation was profitable. Appellant acquired In’s leasehold interest, and Appellee acquired the Petrol rights. Things were fine until 30 months later appellant informed appellee that it did not consider itself bound by the contract and terminated its relations with appellee. For that breach of contract, the jury awarded appellee an amount representing the lost profits plus attorney fees.

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