McCleary v. White Repair & Contracting Co.

Carley, Chief Judge.

Appellee-plaintiff filed suit, seeking to recover against appellant-defendant for the breach of a written contract to make repairs to an apartment complex. According to the terms of the agreement, appellee, as the “Contractor,” had contracted with “Fulton Associates, Inc. & Azalea Place Apts.,” as the “Owner.” The contract was signed by William Fulton, as “Agent for Owner.” Appellant answered and raised, among his other defenses, the absence of any contractual relation between appellee and himself.

Appellant subsequently moved for summary judgment. The trial court denied…