Reid Zeising v. Michael Shelton ( 2015 )

Case: 14-30958 Document: 00513004474 Page: 1 Date Filed: 04/14/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-30958 April 14, 2015
Lyle W. Cayce
REID ZEISING; DIXIE RESTAURANT GROUP, L.L.C., Clerk
Plaintiffs - Appellants
v.
MICHAEL A. SHELTON; SHELTON RESTAURANT GROUP, L.L.C.,
Defendants - Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:12-CV-2614
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed because an enforceable oral
contract was not mutually agreed upon by these parties. The acquisition,
purchase and terms, of the 29 Popeye’s restaurants, how they would be
operated and what – if any – consideration and role Zeising would contribute,
was left wide open. At best, it could be said only that they agreed to agree, but
that is not an enforceable contract under Louisiana or Georgia law.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 14-30958 Document: 00513004474 Page: 2 Date Filed: 04/14/2015
No. 14-30958
See McNeely v. Town of Vidalia, 102 So. 422, 423 (La. 1924); Moss v. Moss, 463
S.E.2d 9 (Ga. 1995). Likewise, Shelton did not have a contract with Dixie, nor
did he owe it a fiduciary duty. Ga. Code § 14-11-304(a).
AFFIRMED.
2