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eBook details

• Title: Tri-Eastern Petroleum Corporation Et Al.
• Author : Court of Appeals of Georgia
• Release Date : January 19, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Glenn's Super Gas, Inc. brought suit against Tri-Eastern Petroleum Corporation and its officers, Jack Thomas and Gordon Smith, in five counts alleging (I) breach of contract, (II) conversion, (III) fraud, (IV) claim on account and (V) the individual liability of Thomas and Smith for the debt. Partial summary judgment was granted to Thomas and Smith as to any personal liability in Count I for Tri-Eastern Petroleum's breach of contract and the claim on account in Count IV. The parties treated the partial summary judgment as encompassing Count V of the complaint and no charges were given to the jury on the issues raised therein. Glenn's Super Gas, in its brief to this court, admits that Count II for conversion was abandoned for failure to present evidence. Thus, the only issues at trial were the contract claims against Tri-Eastern Petroleum and the fraud claim against Thomas and Smith. The jury returned a verdict in favor of Glenn's Super Gas on these issues and this appeal ensued. Appellee, a gasoline wholesaler, entered into an agreement in February 1982 with appellant corporation, owned and operated by the individual appellants, to supply petroleum products which appellants then brokered to various retailers. Under the agreement, after a truckload of gasoline was delivered, appellee would send appellants an invoice and appellants would pay for the petroleum within 7 to 10 days. At the height of the transactions between the parties, as many as 12 to 15 truckloads of gasoline each week were being delivered to appellants while payments for the prior week's deliveries were being received by appellee. Although at first appellants paid promptly for the gasoline, by late October and early November of 1982 there were increasingly longer delays in the arrival of appellants' checks and, when deposited, many checks were returned two and even three times by the bank due to insufficient funds. Appellee was repeatedly assured by the individual appellants that he need not worry and that appellants were ""not gonna beat out of a nickel, a dime."" Around the first of January 1983, appellee informed appellants that because they were so far behind on their payments he would not sell them any more gasoline. Appellants told appellee they had opened a second bank account and assured appellee they would pay for the past due amount. Appellee never received payment for several December 1982 checks and, while initial payments cleared the second account, by March 1983 the pattern was repeating itself with delayed checks again ""bouncing"" two or three times. Appellee continued to accept appellants' reassurances that he would be paid.

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