Larry Golden, D/B/A Golden Mobil, Cross-Appellant v. Mobil Oil Corporation, a New York Corporation, Cross-Appellee

VANCE, Circuit Judge:

In this diversity case, the defendant appeals the district court’s denial of judgment notwithstanding the verdict for plaintiff on his breach of contract claim. On cross-appeal, the plaintiff challenges the court’s directed verdict for the defendant on the plaintiff’s fraud claim. We conclude that the court erred in both instances.

I. BACKGROUND

Plaintiff Larry Golden leased and operated a Sun Oil Company (“Sunoco”) service station located on South Orange Blossom Trail in Orlando, Florida. The station had three pumps at the full service island and two pumps at the self…