Burrus Mill & Elevator Co. v. Wills, 85 S.W.2d 851 (1935) | Caselaw Access Project

Burrus Mill & Elevator Co. v. Wills, 85 S.W.2d 851 (1935) | Caselaw Access Project

Burrus Mill and Elevator Company, which produced the Light Crust Doughboys radio show to advertise the mill's Light Crust Flour, asked a court to enjoin Bob Wills and His Texas Playboys from advertising their previous employment as Light Crust Doughboys on posters and ads for their dances. Trial court denied the injunction. Court of Civil Appeals of Texas at Waco upheld the trial court. Appellees were listed as Jim Rob Wills, Thomas Elmer Duncan, and Kermit Whalen. By the time the appeals court issued its decision, Wills was well established in Tulsa, having left Waco when W. Lee "Pass the Biscuits, Pappy" O'Daniel" pressured station WACO into dropping the Playboys.

"Appellant, in January, 1931, decided to advertise its said flour by a daily entertainment by-radio. Appellees are proficient in singing popular songs and playing stringed instruments. Appellee Wills, with his associates at the time, had theretofore, under the name of "Wills' Fiddle Band" and "Fort Worth Doughboys," furnished music for special occasions and had broadcast programs by radio from several stations in North Texas. Negotiations resulted in the employment by appellant of appellee Wills and his associates to sing and play for the entertainment of the public at its regular daily broadcasts. Shortly thereafter, at the suggestion of appellee Wills and his associates, they were advertised in such broadcasts as "Light Crust Doughboys." Subsequently some of appellee Wills' associates withdrew from the organization and appellees Duncan and Whalen took their places. Appellees severed their connection with appellant voluntarily in September, 1933. During approximately the whole time from January, 1931, until September, 1933, appellees, as entertainers at appellant's advertising broadcasts, were known and announced as the "Light Crust Dough-boys." Appellant, after appellees retired from its service, employed other performers and continued to broadcast programs under the same name, and it still does so. Appellees, after their retirement from appellant's employment, continued their association in the role of public entertainers. They first called their organization "Bob Wills' Fiddle Band," and later, "Bob Wills and his Playboys." In circulars, placards, and other advertisements of their public performances they added as further identification, "formerly Light Crust Dough-boys." | Under that name appellees have broadcast musical programs, made stage appearances, and played for public dances."