Legal Opinion
Colonial Oil Industries, Inc. v. Lynchar, Inc
Supreme Court of Georgia
Decided June 18, 2018No. S17G1788PublishedCited by 3 opinions
1Opinion of the Court
303 Ga. 839
FINAL COPY S17G1788. COLONIAL OIL INDUSTRIES, INC. v. LYNCHAR, INC. et al. MELTON, Presiding Justice. In Lynchar, Inc. v. Colonial Oil Industries, Inc.,
341 Ga. App. 489
( 801 SE2d 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…
2Cases cited15 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 by3 opinions
- Christian Sherritt v. Sb Paulding Commons, LLCCourt of Appeals of Georgia · 2024
- 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