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Courtland Hotel LLC v. Salzer

The undisputed evidence showed that the parties did not intend for the defendant agent to be individually liable under a contract between the plaintiff and the principal.

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This case concerns the individual liability of an agent, Joshua Salzer, under a contract with Courtland Hotel, LLC d/b/a Sheraton Atlanta Hotel “the hotel”. The contract identified the agent’s corporate principal by an acronym rather than the principal’s full name. The trial court held that, as a matter of law, Salzer was not individually liable for breach of the contract, granting summary judgment to Salzer and denying summary judgment to the hotel on the hotel’s breach of contract action. Because the undisputed evidence shows that the parties did not intend for Salzer to be individually liable under the contract, and the variance in the principal’s name is merely a misnomer, we affirm.

A trial court may grant summary judgment when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 c. “We review the grant or denial of a motion for summary judgment de novo, and we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.” Woodcraft by MacDonald v. Georgia Cas. & Surety Co., 293 Ga. 9, 10 743 SE2d 373 2013 citation and punctuation omitted.

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