Talleres Ulma, S.C.I. v. Guerra

The appellees signed drafts which on their face showed a corporate obligation as individuals. The trial court entered a summary final judgment finding in effect that the appellees intended to sign in a representative capacity. We hold that the trial court erred in entering such a summary judgment, as generally the intention of the parties to an agreement is an issue of fact. Whittimore v. Cruce, 479 So.2d 761 (Fla. 1st DCA 1985); Pollock v. Albertson’s, Inc., 458 So.2d 74 (Fla. 5th DCA 1984); Sanders v. Wausau Underwriters Insurance Company, 392 So.2d 343 (Fla. 5th DCA 1981).

Therefore the…