{
  "id": 8524177,
  "name": "CAROLINA-ATLANTIC DISTRIBUTORS, INC. v. BOYCE INSULATION COMPANY, INC. and HARRY P. ROSE, Individually",
  "name_abbreviation": "Carolina-Atlantic Distributors, Inc. v. Boyce Insulation Co.",
  "decision_date": "1990-07-17",
  "docket_number": "No. 8911SC1188",
  "first_page": "577",
  "last_page": "579",
  "citations": [
    {
      "type": "official",
      "cite": "99 N.C. App. 577"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
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      "cite": "297 N.C. 612",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
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        8572836,
        8572878,
        8572820,
        8572861
      ],
      "year": 1979,
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      ]
    },
    {
      "cite": "253 S.E.2d 645",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1979,
      "opinion_index": 0
    },
    {
      "cite": "40 N.C. App. 739",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8553135
      ],
      "year": 1979,
      "opinion_index": 0,
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        "/nc-app/40/0739-01"
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  "last_updated": "2023-07-14T22:38:52.620321+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Arnold and Greene concur."
    ],
    "parties": [
      "CAROLINA-ATLANTIC DISTRIBUTORS, INC. v. BOYCE INSULATION COMPANY, INC. and HARRY P. ROSE, Individually"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nPlaintiff contends the trial court erred in denying its \u201cMotion for Summary Judgment\u201d and in entering summary judgment dismissing plaintiff\u2019s claim against defendant, Harry P. Rose, individually. Since the individual defendant signed the \u201cAgreement of Guarantee\u201d \u201cHarry P. Rose Pres.,\u201d we cannot say as a matter of law that he intended to be personally bound, and the trial court correctly denied plaintiff\u2019s \u201cMotion for Summary Judgment.\u201d On the other hand, we cannot say, as did the trial judge, that the individual defendant did not intend to be personally liable on the \u201cAgreement of Guarantee,\u201d and the trial judge erred in dismissing plaintiff\u2019s claim against the individual defendant.\nGenerally, summary judgment is not appropriate when motive, intent, or other subjective feelings are at issue, or when the evidence presented is susceptible to more than one interpretation. Smith v. Currie, 40 N.C. App. 739, 253 S.E.2d 645, disc. rev. denied, 297 N.C. 612, 257 S.E.2d 219 (1979). In the present case, whether defendant Harry P. Rose intended to sign the guarantee only as president of the defendant corporation or whether he intended to be personally liable is a genuine issue of material fact to be decided by the jury. Therefore, the order denying plaintiff\u2019s \u201cMotion for Summary Judgment\u201d will be affirmed, the order granting summary judgment for defendant Harry P. Rose will be reversed, and the cause will be remanded to the Superior Court, Lee County for further proceedings.\nAffirmed in part; reversed in part.\nJudges Arnold and Greene concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Stephenson & Stephenson, P.A., by Michael L. Stephenson, for plaintiff, appellant.",
      "Northen, Blue, Little, Rooks, Thibaut & Anderson, by Charles T. L. Anderson, for defendant Harry P. Rose, appellee."
    ],
    "corrections": "",
    "head_matter": "CAROLINA-ATLANTIC DISTRIBUTORS, INC. v. BOYCE INSULATION COMPANY, INC. and HARRY P. ROSE, Individually\nNo. 8911SC1188\n(Filed 17 July 1990)\nGuaranty \u00a7 2 (NCI3d)\u2014 signature as president of company or as individual \u2014 genuine issue of fact \u2014 summary judgment improper\nIn an action to recover on an open account and an \u201cAgreement of Guarantee,\u201d the trial court erred in entering summary judgment for defendant where there was a genuine issue of material fact as to whether the individual defendant, who signed the agreement, \u201cHarry P. Rose Pres.,\u201d intended to sign only as president of defendant corporation or whether he intended to be personally liable.\nAm Jur 2d, Guaranty \u00a7 28.\nAPPEAL by plaintiff from Herring (Darius B., Jr.), Judge. Judgment entered 28 July 1989 in Superior Court, Lee County. Heard in the Court of Appeals 4 June 1990.\nThis is a civil action wherein plaintiff seeks to recover $72,663.41 allegedly owed by defendants pursuant to a contract for the sale of goods and an accompanying \u201cAgreement of Guarantee.\u201d The record discloses the following uncontroverted facts: On 17 July 1978, defendant Harry P. Rose executed an \u201cAgreement of Guarantee\u201d with plaintiff for the extension of credit to defendant Boyce Insulation Co., Inc. (hereinafter \u201cBoyce\u201d). The \u201cAgreement of Guarantee\u201d contains the following language:\nI/we, the undersigned Harry P. Rose hereby personally guarantee payment to you at Sanford, North Carolina immediately upon a default of all present and future balances of account due from the said purchaser (Boyce Insulation Co., Inc.) to you, and of all notes, checks or other evidence of indebtedness given by said purchaser to you for or on account of such balance.\nThe Undersigned Further Agrees that the liability of the undersigned on this guarantee shall be immediate and shall not be contingent upon the exercise or enforcement by you of whatever other remedies that you may have against anyone relative to this account. Defendant Harry P. Rose signed the \u201cAgreement of Guarantee\u201d \u201cHarry P. Rose Pres.\u201d\nBoyce became indebted to plaintiff for goods sold and delivered upon an open account in the amount of $72,663.41. Boyce defaulted on the account, and on 1 February 1988, plaintiff instituted this action against Boyce and Harry P. Rose individually to recover the \u00bfmount of the debt.\nBoyce failed to file an answer in response to plaintiff\u2019s complaint, and default was entered against it by the Clerk of Superior Court, Lee County on 16 March 1988. Plaintiff filed a motion entitled \u201cMotion for Judgment on the Pleadings\u201d pursuant to Rule 12(c) against the individual defendant Harry P. Rose on 3 January 1989. Plaintiff also filed a \u201cMotion to Interpret Contract\u201d on 16 January 1989 asking the court to enter an order to have the \u201cconstruction, meaning and legal effect of the parties contract . . . entitled \u2018Agreement of Guarantee\u2019 . . . determined as a matter of law by the Court.\u201d By stipulation and consent of the parties, Judge Herring heard plaintiff\u2019s \u201cMotion to Interpret Contract\u201d and treated it as a \u201cMotion for Summary Judgment\u201d pursuant to Rule 56 against defendant Harry P. Rose, individually. On 28 July 1989, Judge Herring entered an order denying plaintiff\u2019s \u201cMotion for Summary Judgment\u201d and granting summary judgment in favor of defendant Harry P. Rose, individually, dismissing the action against him. Plaintiff appealed.\nStephenson & Stephenson, P.A., by Michael L. Stephenson, for plaintiff, appellant.\nNorthen, Blue, Little, Rooks, Thibaut & Anderson, by Charles T. L. Anderson, for defendant Harry P. Rose, appellee."
  },
  "file_name": "0577-01",
  "first_page_order": 607,
  "last_page_order": 609
}
