The appellants claimed that the fra

The appellants claimed that the franchise and trademark were acquired by Pepsi without the aid of Loft; that Grace made an essential contribution to the enterprise by way of its Baltimore plant, since it would have been necessary for Pepsi to erect such plant if the Grace plant had not been available; that the valuable services of G. H. Robertson who had a wide experience in the field of manufacturing and distributing bottled beverages were secured; that no part of the $13,000 paid for Pepsi's stock by the purchasers thereof was Loft's money; that Pepsi and Grace made large purchases of sugar and containers from other concerns than Loft; that Loft in 1934 and 1935 bought a very small part of Pepsi's output of syrup; that Guth rendered invaluable services to Pepsi, and was the genius responsible for its success; that the success of Pepsi was due to Guth's idea of furnishing Pepsi-Cola in 12 ounce bottles at 5 cents, and to his making license agreements with bottlers; and that all of the indebtedness of Guth, Grace and Pepsi had been made good to Loft except $30,000 which Guth owed Loft, and which could be liquidated at any time.