Petitioner, Portland Gasoline Company, hereinafter referred to as Portland, filed suit in a District Court of Potter County, Texas, against the respondent Superior Marketing Company, Inc., hereinafter referred to as Superior, and Consolidated Gas and Equipment Company, hereinafter referred to as Consolidated, for damages by virtue of the failure and refusal of the respondents to carry out a contract which Portland originally made with Superior, and which Superior had assigned to Consolidated by a contract whereby Consolidated assumed the obligations of Superior. Respondents answered by special exceptions (1) that the contract was void for lack of mutuality and (2) that the contract violated Article 7428, Revised Civil Statutes of Texas, 1925, more generally known as the Anti-Trust Act. The trial court sustained the exceptions and upon Portlands refusal to amend, dismissed the suit. On appeal this judgment was affirmed by the Court of Civil Appeals. 240 S.W.2d 346.