FOX HOLDINGS, INC. v. WHEATLY OIL CO., INC.

No. COA01-183.

587 S.E.2d 429 (2003)

FOX HOLDINGS, INC., Plaintiff, v. WHEATLY OIL CO., INC., Defendant.

Court of Appeals of North Carolina.

November 4, 2003.


Attorney(s) appearing for the Case

Ward and Smith, P.A., by Kenneth R. Wooten, New Bern, for plaintiff appellee.

Wheatly, Wheatly, Nobles & Weeks, P.A., by C.R. Wheatly, III, Beaufort, for defendant appellant.


McCULLOUGH, Judge.

Plaintiff Fox Holdings, Inc., filed its complaint 2 August 2000 in Craven County where it allegedly maintains its principal place of business. In its complaint, plaintiff alleges that it had entered into an Asset Purchase Agreement with defendant Wheatly Oil Co., Inc., on 12 May 1999. This agreement dealt with the purchase by plaintiff of defendant's five convenience stores and the land on which they are located. Also included in the purchase agreement...

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