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Kerry Garland v. Jim Bonner and d/b/a EZA Aqua Glass Pools Ken Hopkins and Pam Hopkins v. Jim Bonner and d/b/a EZA Aqua Glass Pools - Concurring

Citation: Not availableDocket: 01A01-9710-CV-00570

Court: Court of Appeals of Tennessee; April 8, 1998; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case concerns an appeal by an individual, who is also the owner of EZA Aquaglass Pools, following a judgment in favor of plaintiffs for breach of contracts related to swimming pool construction. The plaintiffs, having been awarded damages in general sessions court, faced an appeal for a trial de novo in circuit court, which upheld the original judgment. The appellant contended that his personal liability should be negated due to the corporate status of EZA Aquaglass Pools, Inc., as per T.C.A. 48-25-102(f)(1995). However, the court rejected this argument, noting that the contracts were made in his name personally, not in a corporate capacity. The court emphasized that liability attaches when a party does not specify that they are acting on behalf of a corporation, a principle upheld by Tennessee case law. Despite conflicting testimony on the nature of the signing, the trial court's assessment of witness credibility was given deference on appeal. Ultimately, the appellate court affirmed the trial court's decision, holding the appellant personally liable, and remanded the case for further proceedings, assigning appeal costs to the appellant.

Legal Issues Addressed

Personal Liability in Contractual Agreements

Application: The court held that Bonner could be held personally liable because the contracts named him as the seller without clarification of acting in a corporate capacity.

Reasoning: The court found this argument misplaced, emphasizing that the lawsuits were directed at Bonner individually, not the corporation, and that the contracts explicitly named Bonner as the seller without indicating he was acting in a corporate capacity.

Presumption of Correctness in Trial Court Findings

Application: The appellate court reviews the trial court’s findings with a presumption of correctness unless evidence strongly contradicts them.

Reasoning: The appellate court reviews the case with a presumption of correctness regarding the trial court’s findings unless evidence strongly contradicts them.

Representative Capacity in Contract Signing

Application: The court ruled that a party is personally liable for a contract if they do not indicate they are signing in a representative capacity, as supported by Tennessee case law.

Reasoning: A party is personally liable for a contract if they do not indicate they are signing in a representative capacity. This principle is supported by various Tennessee case law.