In Case No. A02A2386 appellant-plaintiff Advance Tufting, Inc. appeals from the Superior Court of Murray County’s grant of summary judgment to appellee-defendant Mohammed Daneshyar upon its amended complaint on open account1 as barred by the statute of limitations. In Case No. A02A2387, Mr. Daneshyar cross appeals under the right for any reason principle, see Golden Peanut Co. v. Bass, 275 Ga. 145, 150 3 563 SE2d 116 2002; Griffin v. Tift County, 242 Ga. 746, 747 251 SE2d 262 1978, contending that even were Advance’s amended complaint not time barred, summary judgment for him nonetheless was proper given his status as purchasing agent for Gulf Palace Furnishings Company, W. L. L. “Gulf Palace”, a Kuwaiti corporation, the corporate existence of which Advanced is estopped to deny. Because the superior court properly determined that the applicable statute of limitation had run in Case No. A02A2386, we affirm the grant of summary judgment to Mr. Daneshyar therein and thus dismiss Mr. Daneshyar’s cross appeal as moot in Case No. A02A2387. Held:
By its amended complaint, Advance sought to recover $95,209.92, the balance owing on Mr. Daneshyar’s account plus commercial interest thereon, as to carpeting it sold him upon invoices dating from January 18, 1994 through July 11, 1996. While Mr. Daneshyar’s status as the agent of Gulf Palace is disputed in the record, there nonetheless is evidence showing that by letter to Gulf Palace, dated March 29, 1999, and written to Mr. Daneshyar’s attention, Advance noticed Gulf Palace of its intent to commence collection action as to amounts in arrears on its Gulf Palace account. Advance attached a copy of Gulf Palace’s statement of account to that point, the last invoice entered thereon as dated July 11, 1996. On April 21, 1999, Mr. Daneshyar as President of Gulf Palace wrote Advance a letter requesting2 an offset in the amount of $31,650 against its Advance account—this purportedly for storage fees which Gulf Palace had avoided by reselling carpeting received from Advance in a damaged condition. Advance filed the instant lawsuit on August 17, 2001.
