MLG ENTERPRISES, LLC v. RICHARD L. JOHNSON - Articles

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Posted by: Landry Butler on Sep 2, 2016

Court: TN Supreme Court

Attorneys 1:

J. Brad Scarbrough and Chris Holleman, Brentwood, Tennessee, for the appellant, MLG Enterprises, LLC.

Attorneys 2:

L. Marshall Albritton and Frank M. Gallina, Nashville, Tennessee, for the appellee, Richard L. Johnson.

Judge(s): BIVINS

We granted permission to appeal in this case to determine whether the individual who signed a commercial lease agreement on behalf of the corporate tenant also agreed to be personally liable for the tenant's obligations when he signed the agreement a second time. Over a dissenting opinion, the Court of Appeals held that the individual's second signature did not personally bind him because he handwrote "for Mobile Master Mfg. LLC" after his name. We hold that the second signature, which followed a paragraph clearly indicating that the parties agreed that the individual would be personally responsible for the tenant's obligations, was effective to bind the individual. Accordingly, we reverse the Court of Appeals' judgment and remand this matter for further proceedings consistent with this opinion.