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Powerhouse Custom Homes Inc. v. 84 Lumber Co. LP

The defendant's failure to respond to the plaintiff's request for admissions resulted in the admission of all material facts supporting the plaintiff's claim.

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84 Lumber Company, L.P. “84 Lumber” sued Powerhouse Custom Homes, Inc. “Powerhouse” and guarantor Lucian Anderson, Jr. to collect amounts owed on an open account. The trial court subsequently granted summary judgment in favor of 84 Lumber. Powerhouse and Anderson appeal, contending that the parties had entered into an enforceable settlement agreement, which precluded the entry of summary judgment in the suit. We discern no error and affirm. Summary judgment is authorized when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. See OCGA § 9-11-56 c; Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. “We review a grant of summary judgment de novo, construing the evidence and all reasonable inferences in favor of the nonmoving party.” Citation omitted. Traditional Properties v. Performance Food Group of Ga. , 291 Ga. App. 442 662 SE2d 250 2008.

So viewed, the record shows that on November 6, 2002, Powerhouse entered into a credit agreement that allowed it to obtain building materials and labor from 84 Lumber for various construction projects. Anderson, the president of Powerhouse, signed a personal guaranty ensuring payment of any and all amounts due under the credit account. Thereafter, 84 Lumber sold and delivered building materials to Powerhouse under the credit account, resulting in a balance owed in the amount of $95,260.42.

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