CREEKSIDE PARTNERS v. ALBERT NATHAN SCOTT ET AL. - Articles

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Posted by: Tanja Trezise on Jan 11, 2013

Court: TN Court of Appeals

Attorneys 1:

Stephen A. Lund, Nashville, Tennessee, for the appellant, Creekside Partners.

Attorneys 2:

Dan E. Huffstutter, Nashville, Tennessee, for the appellee, Albert Nathan Scott.

Judge(s): CLEMENT

This is an action to recover damages for breach of a commercial lease from an individual whom the lessor claims guaranteed the obligations of the corporate tenant. The only issue on appeal is whether the individual defendant signed the lease solely in his capacity as the president of and on behalf of the corporate tenant, or whether the parties also intended to bind the individual defendant as a guarantor of the tenant’s obligations. The trial court distinguished the facts of this case from those in the recent Tennessee Supreme Court decision in 84 Lumber Co. v. Smith, 356 S.W.3d 380 (2011), and summarily dismissed the claims against the individual defendant. We affirm.