RICHARDSON v. BP OIL CO.

No. COA96-247.

477 S.E.2d 686 (1996)

G. Dale RICHARDSON, d/b/a Emerywood Services, Inc. Plaintiff-Appellant, v. BP OIL COMPANY, M.M. Fowler, Inc., BP Does' 1-50, Marvin L. Barnes, Lee Barnes and Tom Lindley, Defendant-Appellees.

Court of Appeals of North Carolina.

November 19, 1996.


Attorney(s) appearing for the Case

Blanchard, Jenkins & Miller, P.A. by Charles F. Blanchard and Robert O. Jenkins, Hafer, McNamara, Caldwell, Carraway, Layton, McElroy & Cutler, P.A. by Edmond W. Caldwell, Jr., Raleigh, and The Daskal Law Group by Dimitri G. Daskal, Annapolis, MD, for plaintiff-appellant Richardson.

Petree Stockton, L.L.P. by F. Joseph Treacy, Jr. and Keith J. Merritt, Charlotte, for defendant-appellee BP Oil Company.

Hutson Hughes & Powell, P.A. by James H. Hughes, Durham, for defendant-appellees M.M. Fowler, Inc., Marvin Barnes, Lee Barnes and Tom Lindley.


GREENE, Judge.

G. Dale Richardson (Richardson), doing business as Emerywood Services, Inc. (plaintiff), appeals summary judgment for BP Oil Company (BP), M.M. Fowler, Inc. (Fowler), BP Does' 1-50, Marvin L. Barnes, Lee Barnes, and Tom Lindley (collectively defendants).

The undisputed evidence is that James Clepper (Clepper), president of Emerywood signed a "Dealer Lease and Supply Agreement" (BP Agreement) with BP to operate a BP service station in High Point...

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