Legal Opinion

Foote & Davies, Inc. v. Arnold Craven, Inc.

Court of Appeals of North Carolina

Decided February 5, 1985No. 8418SC314PublishedCited by 15 opinions

1Opinion of the Court

WHICHARD, Judge.

Plaintiff contends the court erred in granting defendant’s motion for summary judgment, in that defendant’s president had either actual, implied, or apparent authority to bind the corporation to its guaranty, and the guaranty was supported by adequate consideration. We hold that there was evidence sufficient to warrant a jury finding that the guaranty signed for the corporation by its president was supported by valuable consideration. We also hold as a matter of law that defendant’s president had the apparent if not the actual authority to make a guaranty agreement binding on…

2Cases cited11 opinions

  1. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  2. Zimmerman v. Hogg & Allen, Professional Ass'nSupreme Court of North Carolina · 1974
  3. O'Grady v. First Union National BankSupreme Court of North Carolina · 1978
  4. Wynn v. GrantSupreme Court of North Carolina · 1914
  5. Gillespie v. DeWittCourt of Appeals of North Carolina · 1981

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3Cited by15 opinions

  1. Harris v. Ray Johnson Construction Co.Court of Appeals of North Carolina · 2000
  2. First Union National Bank v. BrownCourt of Appeals of North Carolina · 2004
  3. Tower Development Partners v. ZellCourt of Appeals of North Carolina · 1995
  4. Wachovia Bank of North Carolina, N.A. v. Bob Dunn Jaguar, Inc.Court of Appeals of North Carolina · 1994
  5. Hunt v. MillerCourt of Appeals for the Fourth Circuit · 1990

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