Legal Opinion
Colonial Oil Indus., Inc. v. Lynchar, Inc.
Supreme Court of Georgia
Decided June 18, 2018No. S17G1788PublishedCited by 4 opinions
1Opinion of the Court
MELTON, Presiding Justice.
In Lynchar, Inc. v. Colonial Oil Industries, Inc., 341 Ga. App. 489, 801 S.E.2d 576 (2017), the Court of Appeals found that certain individual guaranties of Lynchar, Inc.'s debt to Colonial Oil Industries, Inc. were unenforceable under Georgia's Statute of Frauds. See OCGA § 13-5-30. Specifically, the Court of Appeals held that the guaranties were unenforceable because they do not reference the legal name of the corporate debtor ("Lynchar, Inc. d/b/a T & W Oil Company"), but instead reference only the corporate debtor's trade name ("T & W Oil, Inc."). We granted a…
2Cases cited14 opinions
- Schroeder v. Hunter Douglas, Inc.Court of Appeals of Georgia · 1984
- John L. Hutcheson Memorial Tri-County Hospital v. OliverCourt of Appeals of Georgia · 1969
- John Deere Co. v. HaralsonSupreme Court of Georgia · 2004
- Miller v. Harco National InsuranceSupreme Court of Georgia · 2001
- Tampa Investment Group, Inc. v. Branch Banking & Trust Co.Supreme Court of Georgia · 2012
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3Cited by4 opinions
- Christian Sherritt v. Sb Paulding Commons, LLCCourt of Appeals of Georgia · 2024
- JCD, Inc. v. HRI Hospitality LLCDistrict Court, E.D. Louisiana · 2025
- LYNCHAR, INC. D/B/A T & W OIL COMPANY v. COLONIAL OIL INDUSTRIES, INC.Court of Appeals of Georgia · 2019
- Lynchar, Inc. v. Colonial Oil Indus., Inc.Court of Appeals of Georgia · 2018