October 28, 2010

Court Reviews Whether Defendant Signed A Credit Application in His Personal Capacity

84 LUMBER COMPANY v. R. BRYAN SMITH, ET AL. (Tenn. Ct. App. October 28, 2010)

84 Lumber Company ("84 Lumber") sued R. Bryan Smith ("Smith") and Allstates Building Systems, LLC ("Allstates") for a balance owed on an open account. Both sides filed motions for summary judgment. The Circuit Court granted 84 Lumber summary judgment, and entered a judgment against Smith and Allstates in the amount of $27,611.31 plus attorney's fees and costs in the amount of $6,500.00. Smith appeals to this Court.

We find that Smith did not sign the credit application in his personal capacity and, therefore, did not guarantee Allstates' debt. We reverse the grant of summary judgment against Smith, and grant summary judgment to Smith. We affirm the grant of summary judgment against Allstates.

Opinion may be found at:

SUSANO, concurring in part and dissenting in part: