Rome v. Polyidus Partners LP

The plaintiff failed to present evidence showing that there were no genuine issues of material fact in dispute as to a loan which formed the basis of its complaint against the defendant for breach of contract.

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Polyidus Partners LP sued Wade Rome for breach of contract and other claims arising out of Rome’s alleged failure to pay the outstanding principal and interest on a loan extended by Polyidus to Rome. The trial court granted summary judgment to Polyidus and denied Rome’s cross-motion for summary judgment. Rome appeals from the grant of summary judgment to Polyidus, and we reverse because genuine issues of material fact remain as to whether Rome is indebted to Polyidus and, if so, the amount of the debt.

We review the grant of a motion for summary judgment de novo, viewing “the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.” Citation and punctuation omitted. Cowart v. Widener, 287 Ga. 622, 624 1 a 697 SE2d 779 2010. So viewed, the record shows that on December 31, 2004, Robert Thomas, III, a principal of Polyidus, transferred $250,000 to Rome’s account in Missouri via wire transfer. Rome averred that the funds were loaned to him by Thomas, individually, and were to be repaid with no defined terms, interest rate, or repayment schedule. According to Rome, on September 6, 2005, he transferred $250,000 to the account of Polyidus in Thomasville, Georgia, as directed by Thomas, in satisfaction of any indebtedness he owed to Thomas. Rome further averred that after Thomas demanded an additional payment of interest, Rome paid $11,500 to Thomas on or about November 11, 2005, with Rome’s understanding that this payment was in full satisfaction of the obligation arising from the $250,000 funds previously transferred to Rome on December 31, 2004.

Rome v. Polyidus Partners LP

The plaintiff failed to present evidence showing that there were no genuine issues of material fact in dispute as to a loan which formed the basis of its complaint against the defendant for breach of contract.

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