UNION OIL CO. OF CAL. v. SERVICE OIL CO., INC.

No. 84-5448.

766 F.2d 224 (1985)

UNION OIL COMPANY OF CALIFORNIA, Plaintiff-Appellee, v. SERVICE OIL COMPANY, INC., and Hugh E. Mays, Sr., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1985.


Attorney(s) appearing for the Case

Robert H. Watson, Jr. (argued), Watson & Emert, Knoxville, Tenn., for defendants-appellants.

Ward S. Whelchel, Zwick Law Offices, William H. Skelton, R. Louis Crossley, Jr. (argued), Knoxville, Tenn., for plaintiff-appellee.

Before ENGEL and MARTIN, Circuit Judges, and TIMBERS, Senior Circuit Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

Service Oil Company and its president, Hugh E. Mays, Sr., appeal the summary judgment and order of dismissal entered against them in this action to recover under a jobber sales agreement and a guaranty. We affirm in part and reverse in part.

Service Oil Company is a distributor of gasoline products located in Knoxville, Tennessee. On August 1, 1975, Service entered into a jobber sales agreement with Union Oil whereby Service...

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