Mountain Bound Inc. v. Alliant FoodService Inc.

Alliant FoodService, Inc. sued Mountain Bound, Inc. d/b/a River Walk Grill, Paul B. Moye, and Fred R. Johnson for the value of goods allegedly provided on an open account. After considering the pleadings, briefs, and the applicable law and finding no genuine issues of disputed material fact, the trial court granted summary judgment to Alliant. Because Mountain Bound’s evidence raised a disputed issue of material fact as to whether the goods for which Alliant billed were actually delivered, we reverse. See Huntington v. Fishman, 212 Ga. App. 27, 30 441 SE2d 444 1994 summary judgment foreclosed when material factual issue in dispute.

Mountain Bound, Inc. was organized for the sole purpose of operating the River Walk Grill, a restaurant. In January 1997, Mountain Bound submitted an application for credit to Alliant, a food products supplier. Part of this credit application included a personal guaranty purportedly signed by Paul B. Moye and Fred R. Johnson. After several months of activity, River Walk Grill ceased operation in October 1997. Alliant filed this suit in April 1998 to recover the balance allegedly remaining on the account.