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LaFarge Bldg. Materials Inc. v. Thompson

A guaranty agreement executed as part of a credit application identified the principal debtor with sufficient specificity to satisfy the Statute of Frauds.

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On October 23, 2007, Larry B. Thompson executed a continuing guaranty in favor of Lafarge Building Materials, Inc., as part of an application for credit submitted by his company, Elite Dwellings, LLC. During 2008, Elite Dwellings ordered building materials under the account established based on the application but then failed to pay Lafarge for the materials. In May 2009, Lafarge sued Elite Dwellings and Thompson, alleging that they were jointly and severally liable for the debt.1 Lafarge and Thompson eventually filed cross-motions for summary judgment, and in October 2012, the trial court ruled that the guaranty satisfied the Statute of Frauds and entered summary judgment against Elite Dwellings and Thompson jointly and severally for $105,147.

Elite Dwellings did not appeal the judgment, but Thompson did. A divided Court of Appeals reversed, holding that the guaranty was unenforceable because it did not sufficiently identify the name of the principal debtor and thus failed to satisfy the Statute of Frauds.2 See Thompson v. LaFarge Building Materials, Inc., 323 Ga. App. 276, 280-281 746 SE2d 908 2013. We granted Lafarge’s petition for certiorari and posed the following question:

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