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Noorani C-Stores Inc. v. Trico V Petroleum Inc.

The contract regarding the buy-back of a convenience store was not unenforceable for vagueness for failing to adequately describe the property involved, since it incorporated by reference an exhibit, which listed the store in question.

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Noorani C-Stores, Inc. C-Stores, owned by Shaukat Karim Noorani Noorani, appeals from the trial court’s grant of partial summary judgment to Trico V Petroleum, Inc. Trico V, owned by Ali M. Jaferi, and denial of C-Store’s motion for partial summary judgment on Noorani’s contract claim arising from a business dispute regarding convenience Store #924 Count I of Amended Complaint.1 Summary judgment is appropriate when the court, viewing all the facts and evidence and reasonable inferences from those facts in a light most favorable to the nonmovant, concludes that the evidence does not create a triable issue as to each essential element of the case. Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. On appeal from a grant of a motion of summary judgment, we review the evidence de novo to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Burdick v. GEICO , 277 Ga. App. 391 626 SE2d 587 2006.

So viewed, the evidence was that, in 2000, Jaferi’s company Trico V had entered into a master lease of 41 gas stations in the Atlanta area. The properties were owned by others and leased to Trico V. Trico VIII also had gas stations in the area, although nothing in the record indicates whether they were leased or owned by Trico VIII.

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