Lawler v. Cook Oil Co., Inc.

RICHARD L. HOLMES, Retired Appellate Judge.

This is a breach of contract case.

In December 1987 Cook Oil Company, Inc. (Cook Oil), filed a complaint against Glenn Lawler. The five-count complaint alleged that Lawler owed Cook Oil $24,613.88 for *951petroleum products delivered by Cook Oil to Skeeter’s Truck Stop, Inc. (Skeeter’s), in Shorter, Alabama.

Count one of the complaint alleged breach of contract; count two alleged goods sold and delivered; count three alleged account stated; and counts four and five alleged misrepresentation/fraud.

When the case was called for trial, the parties agreed to…