Court of Appeals of Georgia November 29, 2000, A00A1192 (A & D Asphalt Co. v. Carroll & Carroll of Macon, Inc.)

Phipps, Judge.

In September 1995, Carroll & Carroll of Macon, Inc. entered an asset purchase agreement with A & D Asphalt Company whereby Carroll purchased A & D’s business and essentially all of its assets. Carroll and A & D also entered a lease agreement whereby Carroll *78was given a five-year lease on real property belonging to A & D, which included 17.