Jacobs v. Shaw

Beasley, Chief Judge.

Jacobs appeals the grant of summary judgment by the trial court in favor of defendants Shaw and Wallace Enterprises. Garrett Jacobs and his wife, Elizabeth, stopped at the Wallace Texaco station in Duluth to purchase gasoline. As Elizabeth was filling the gas tank, it appeared to her that while the advertised price was below $1 per gallon, the pump was recording a price over that amount. She asked her husband to resolve the discrepancy by having the clerk check the pump when he went in the store to pay.

Jacobs presented his Texaco credit card for payment to Shaw, the…