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Fay v. Custom One Homes LLC

The Statute of Frauds, as set forth in O.C.G.A. § 13-5-30 4, did not bar the plaintiff's corporate ownership claim based on an oral agreement as a matter of law, because the defendants admitted through documents they submitted to the plaintiff after his termination that he had a 20-percent vested interest in the company in question.

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Gary W. “Skip” Fay sued his former employer, Custom One Homes, LLC “Custom One”, and Stephen Tucker for breach of contract, quantum meruit, breach of fiduciary duty, and attorney fees. The defendants moved for summary judgment on all claims, and the trial court granted their motion. For reasons that follow, we affirm in part and reverse in part. “Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.”1 We review the trial court’s grant of summary judgment de novo, construing the evidence and all reasonable inferences in favor of the nonmoving party.2

Viewed in this manner, the record shows that, at the relevant time, Turner was the owner and CEO of Custom One, which initially constructed single family residences. In 1996, Turner hired Fay to serve as the company’s director of operations. The following year, Fay became company president.

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