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NEHI BOTTLING CO. v. ALL-AMERICAN BOTTLING CORP.

Nos. 92-1139, 92-1140.

8 F.3d 157 (1993)

NEHI BOTTLING COMPANY, INCORPORATED, Plaintiff-Appellant, v. ALL-AMERICAN BOTTLING CORPORATION, Defendant-Appellee. John ARMES, Plaintiff-Appellee, v. ALL-AMERICAN BOTTLING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1993.

Attorney(s) appearing for the Case

Gregory Stephen Matney, Katz, Kantor, Perkins & Campbell, Tazewell, VA, argued (Douglas G. Campbell, Katz, Kantor, Perkins & Campbell, on the brief), for plaintiff-appellant.

John Robert McGhee, Jr., Kay, Casto, Chaney, Love & Wise, Charleston, WV, argued (Stephen A. Weber, Kay, Casto, Chaney, Love & Wise, on the brief), for defendant-appellee.

Before WILKINSON, Circuit Judge, SPROUSE, Senior Circuit Judge, and G. Ross ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

OPINION

SPROUSE, Senior Circuit Judge:

This appeal involves a sales contract and a lease and actions based on each of them. Nehi Bottling Company, Inc. ("Nehi") brought the first action against All-American Bottling Corporation ("All-American") alleging that All-American sold, and thereby converted, certain properties of Nehi not covered under a purchase agreement. The second action was brought individually by John Armes, the president of Nehi, and involved...

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