Newton Brothers, Inc. v. Shank

Undercofler, Presiding Justice.

We granted certiorari to consider whether testimony of compromise offers was admissible solely to rebut a counterclaim for abuse of civil process based upon allegations of bad faith.

In 1964, Shank acquired a filling station and wholesale (fuel) distributing agency with Sinclair. This acquisition included a bulk plant serving Wilkes and Lincoln counties and part of Oglethorpe County. In 1973, Newton Brothers, Inc., purchased Sinclair’s (Amdel, Inc.) assets in Wilkes and Lincoln counties. It is undisputed they then purchased two trucks from Shank and paid for…