Akhtar v. Food & Gas, Inc.

Judge Harold R. Banke.

Food & Gas, Inc. (“FG”), a supplier of fuel and petroleum products to independent gas stations, sued Jeff Akhtar d/b/a Fina Gas Station for breach of a consignment agreement. The jury awarded FG $41,635.15 and Akhtar $3,257.28 on his counterclaim. Akhtar appeals, arguing that the trial court erred in denying his motions for directed verdict and for judgment notwithstanding the verdict because FG was not entitled to damages as a matter of law.

This case arose after the parties entered into an agreement in which FG was to be the exclusive consignor of all the gasoline…