Legal Opinion
McDonald v. FERGUSON ENTERPRISES, INC.
Court of Appeals of Georgia
Decided June 29, 2005No. A05A0563PublishedCited by 9 opinions
1Opinion of the Court
Bernes, Judge.
Ferguson Enterprises, Inc. (“FEI”) filed a complaint against Arthur McDonald and Debra Dunn alleging that they were liable under a personal guaranty agreement for “all sums owed by Dunn Plumbing” on an open account for construction materials. The alleged guaranty agreement was attached to and incorporated into the complaint as part of a multi-page credit application. McDonald and Dunn answered, asserted counterclaims, and moved to dismiss, alleging that FEI’s complaint was barred by the Statute of Frauds because the guaranty failed to identify the principal debtor. See OCGA§…
2Cases cited7 opinions
- Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
- Desai v. Silver Dollar City, Inc.Court of Appeals of Georgia · 1997
- Sysco Food Services, Inc. v. ColemanCourt of Appeals of Georgia · 1997
- Builder's Supply Corp. v. TaylorCourt of Appeals of Georgia · 1982
- Ellis v. Curtis-Toledo, Inc.Court of Appeals of Georgia · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- C.L.D.F., Inc. v. Aramore, LLCCourt of Appeals of Georgia · 2008
- Lafarge Building Materials, Inc. v. ThompsonSupreme Court of Georgia · 2014
- LaFarge Building Materials, Inc. v. PrattCourt of Appeals of Georgia · 2011
- Legacy Communities Group, Inc. v. Branch Banking & Trust Co.Court of Appeals of Georgia · 2012
- Atlanta Glass, Inc. v. TuckerCourt of Appeals of Georgia · 2008
4 more not listed; retrieve them via the Exa API.