GOLDEN v. MOBIL OIL CORP.

No. 88-3517.

882 F.2d 490 (1989)

Larry GOLDEN, d/b/a Golden Mobil, Plaintiff-Appellee, Cross-Appellant, v. MOBIL OIL CORPORATION, a New York corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 5, 1989


Attorney(s) appearing for the Case

William D. Palmer, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Orlando, Fla., Michael C. Russ, Charles H. Kirbo, Stephanie E. Parker, King & Spalding, Atlanta, Ga., for defendant-appellant, cross-appellee.

W. Scott Gabrielson, Rush, Marshall, Bergstrom, Reber & Gabrielson, Orlando, Fla., for plaintiff-appellee, cross-appellant.

Before VANCE and ANDERSON, Circuit Judges, and ATKINS, District Judge.


VANCE, Circuit Judge:

In this diversity case, the defendant appeals the district court's denial of judgment notwithstanding the verdict for plaintiff on his breach of contract claim. On cross-appeal, the plaintiff challenges the court's directed verdict for the defendant on the plaintiff's fraud claim. We conclude that the court erred in both instances.

I. BACKGROUND

Plaintiff Larry Golden leased and operated a Sun Oil Company ("Sunoco") service...

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