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J.F. Walker Company, Inc. v. Excalibur Oil Group, Inc.

Judgment for defendants in breach of contract case vacated; evidence established that defendants breached terms of agreement to pay for goods provided by plaintiff; defendant corporation's sole shareholder was not a gratuitous, uncompensated, surety, and there was no material modification in the creditor-debtor relationship that substantially increased his risk.

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�1 This is an appeal from a judgment entered January 19, 2001 following the trial court’s affirmance of its non-jury verdict in a breach of contract case. For the reasons that follow, we vacate that judgment and remand for entry of judgment in favor of appellant in an amount to be determined by the trial court.

�2 The factual and procedural history of this case can be briefly stated. J.F. Walker Co., Inc. (“seller”) is the successor-in-interest to Standard Distributors, Inc. d/b/a/ Whitman Candy Company (“Standard Distributors”).

In April of 1996, Standard Distributors entered into a confidential credit application and agreement with Excalibur Oil Group, Inc. (“buyer”). This agreement allowed buyer to establish an account with seller for the purchase of sundries such as cigarettes, candy, and snack foods for the convenience stores buyer ran in connection with the gasoline service stations it leased and operated. The agreement included a guaranty executed by James F. Schons (“surety”), buyer’s president and sole shareholder, personally and unconditionally guaranteeing payment of any and all debts buyer owed to Standard Distributors.

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