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GETTY REFINING & MARKETING v. PARK OIL, INC.

385 A.2d 147 (1978)

GETTY REFINING AND MARKETING COMPANY, Plaintiff, v. PARK OIL, INC., (a/k/a Park Oil Company, Inc.), Frank Jock, Shirley Jock, Michael Jock and Donna Smith, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided March 13, 1978.

Attorney(s) appearing for the Case

Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, for plaintiff.

Stephen B. Potter, of Potter & Carmine, Wilmington, for defendants.

HARTNETT, Vice Chancellor.

Plaintiff-"Getty" filed a Complaint alleging six Counts. Count I was an allegation that defendant-Park Oil, Inc. ("Park Oil") owed Getty $535,228. for oil sold to it by Getty. Count II alleged that defendants Frank and Shirley Jock guaranteed a portion of the debt and were liable to Getty for part of the amount claimed to be owed.

These two Counts standing alone are claims for debt or money...

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