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Thompson v. LaFarge Bldg. Materials Inc.

LaFarge Bldg. Materials v. Pratt, 307 Ga. App. 767 2011, adversely decided the issue of whether the individual defendant's personal guaranty satisfied the Statute of Frauds in this suit on an account and personal guaranty, and for the foreclosure of liens against the defendants.

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LaFarge Building Materials, Inc. filed a complaint on an account and personal guaranty, and for foreclosure of liens against Elite Dwellings, LLC, Larry Thompson, and Greer Chapel Development, Inc., alleging that the defendants were liable in the amount of $59,916.88. After the parties filed cross-motions for summary judgment, the trial court determined that Thompson had personally guaranteed the line of credit and was therefore liable for the debt. Thompson now appeals, arguing that the personal guaranty did not satisfy the Statute of Frauds, so the trial court erred by granting LaFarge’s motion for summary judgment. For the reasons that follow, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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