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Crop Production Services, Incv.T. E. Moye

CourtCourt of Appeals of Georgia
Docket No.A17A1775
DecidedMarch 15, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawContract InterpretationSummary JudgmentStatutory InterpretationReversal
Case Summary

Crop Production Services supplied agricultural products on credit to a company owned by members of the Moye family, and T. E. Moye signed a written guaranty for the account. Moye later claimed that the supplier had orally agreed to release him from the guaranty. The trial court granted Moye summary judgment, finding that the alleged agreement relieved him of the obligation. The Georgia Court of Appeals reversed because the evidence created a factual dispute about whether the parties had reached a meeting of the minds and whether the supplier’s representative had authority to rescind the guaranty. The court held that the alleged later mutual rescission was not barred by the Statute of Frauds or the guaranty’s written-notice clause, but that the factual disputes could not be resolved on summary judgment. It reversed the judgment on the guaranty claim and remanded for further proceedings.

Opinion

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