Wofford Oil Co v. Weems-fuller Co, (No. 6336.)

• Decision Date: 15 March 1928
• Docket Number: (No. 6336.)
• Citation: 142 S.E. 887,166 Ga. 173
• Parties: WOFFORD OIL CO. v. WEEMS-FULLER CO. et al.
• Court: Georgia Supreme Court

166 Ga. 173

142 S.E. 887

WOFFORD OIL CO.

v.WEEMS-FULLER CO. et al.

(No. 6336.)

Supreme Court of Georgia.

March 15, 1928.

Rehearing Denied April 16, 1928.

(Syllabus by Editorial Staff.)

Error from Superior Court, Bibb County; Malcolm D. Jones, Judge.

Petition by the Wofford Oil Company against the Weems-Fuller Company and others. To review a judgment refusing an interlocutory injunction, plaintiff brings error. Reversed.

O. C. Hancock, of Atlanta, for plaintiff in error.

Walter DeFore & Jas. C. Estes, of Macon, for defendants in error.

Syllabus Opinion by the Court.

GILBERT, J. The exception is to a judgment refusing an interlocutory injunction. The case, omitting features which cannot affect the present inquiry, is as follows: Plaintiff, a wholesale dealer in gasoline, motor oils, etc., and the defendant, a retail dealer in the same products, both corporations, entered into a contract dated April 26, 1926, by the terms of which plaintiff was to sell, and defendant to buy, the above-mentioned products exclusively from plaintiff in conducting a filling station, all bills to be paid "not later than the 10th of the month next after the purchase." The contract also provided for a lease of described land by defendant to plaintiff, on which the plaintiff was to "erect a service station, the cost not to exceed $300, for the account of" the defendant, for the purpose of selling said products. The contract stipulated that it was to be operative for two years from May 1, 1926. Plaintiff was to deliver the products to defendant, during the life of the contract, "at the prevailing tank wagon prices of the Wofford Oil Company of Georgia at the date of delivery." Weems-Fuller Company was to pay all taxes, insurance, and repairs to the building, and "have the [free] use of the building for the purpose of handling exclusively the products" of the Wofford Company. Weems-Fuller Company did not own the land, but held it under lease from the individuals who owned all of the stock in Weems-Fuller Company. The Wofford Company fully performed its contract to furnish materials, and constructed the filling station, gas tanks, etc. Weems-Fuller Company performed its contract to install specified plumbing, etc.

The station was opened for business, and the Wofford Company supplied gasoline, oil, etc. During June and July, 1926, Wofford furnished these commodities to the amount of $548.37, for which Weems failed to pay as per contract. No part of that sum has ever been paid. Defendant was insolvent at date of the contract, unknown to plaintiff, and continued so until July 9, 1926, when it was adjudicated a bankrupt. Defendant relinquished and abandoned the station and premises after bankruptcy proceedings were instituted, and Weems, president of said Weems-Fuller Company, and a defendant and one of the owners of said land, assumed control, having acquired the interests of otherowners by purchase and lease, and undertook to carry on said business in his own behalf, but no longer bought and sold Wofford products, but was buying and selling Standard Oil products. Bach party contends that the other breached the contract; and, as to whether Wofford refused to sell at contract prices or Weems refused to buy and pay at such prices, the evidence is conflicting. The Wofford Company prayed for an injunction against interference with their effort to remove the service station and equipment, and against further...