Chris J. Yahnis Coastal, Inc. v. Stroh Brewery Co.

Chandler, Justice:

This appeal involves an attempt by a brewer (producer) of beer to exercise, pursuant to S. C. Code Ann. § 61-9-1040(1) (1976), its preemptive right to purchase the interest of a beer wholesaler. The Circuit Court held the attempt ineffective. We affirm.

I. FACTS

The Stevens Corporation (Stevens), a licensed wholesaler, distributed beer in the Myrtle Beach area under franchise agreements with several beer producers, including the Stroh Brewing Company (Stroh). In April 1985, Howard Oliver (Oliver), a beer wholesaler in the Myrtle Beach area, approached Stevens about purchasing…