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C. L. D. F. Inc. v. The Aramore LLC

A misnomer on a guaranty's face, naming a third party as the principal debtor did not render the agreement unenforceable.

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In this breach of contract action, Rickey Fuqua, as guarantor of a commercial lease, appeals the trial court’s grant of summary judgment to appellee The Aramore L. L. C., owner of the subject retail space, and denial of summary judgment to himself. We find no error and affirm. We review de novo an order granting summary judgment. Highwoods Realty L. P. v. Community Loans of America , 288 Ga. App. 226 653 SE2d 807 2007. We will affirm only if there exists no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Id. at 226. See OCGA § 9-11-56 c.

The salient facts here are undisputed. On August 12, 2004, Aramore entered into a five-year commercial lease agreement the “Lease” with C. L. D. F. Inc., in which CLDF agreed to lease space in the Aramore building for the operation of a specialty ice cream shop. The Lease had originally been prepared as between Aramore as landlord and Heavenly Ventures, LLC, a corporation in which Fuqua held a 49 ownership interest, as tenant. At the time of the signing of the Lease, Fuqua requested that the name of the tenant be changed from Heavenly Ventures to CLDF, a corporation in which Fuqua was the sole director and shareholder. Consequently, every reference to “Heavenly Ventures, LLC” in the Lease was stricken and “C.L.D.F., Inc.” was written in its place. The address of the tenant was also changed to a post-office box belonging to Fuqua. While the Lease had originally identified Fuqua and the two remaining shareholders of Heavenly Ventures, Anthony and Dianne Bennett, as guarantors of the Lease, the Bennetts’ names were stricken and Fuqua was identified in the Lease as the sole guarantor. Fuqua initialed each change. The Lease was then executed by Fuqua as President and CEO of CLDF.

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