Foster & Cooper, Inc. v. Flower Cart of Atlanta, Inc.
Foster & Cooper, Inc. v. Flower Cart of Atlanta, Inc.
Opinion of the Court
This case involves a suit for improvements and repairs made by the plaintiff to improve the premises of one defendant, a Georgia corporation, allegedly upon a contract made by the nonresident individual and the defendant corporation.
The nonresident defendant was served under the long arm statute. He answered and denied the claim and moved to dismiss for lack of jurisdiction of his person, contending that the defendant corporation alone had contracted with the defendant, that he was only the agent of the defendant corporation and the improvements made for the defendant corporation were not made pursuant to any contract he had with the plaintiff. The defendant corporation likewise admitted that the contract for improvements was made solely by it, and the nonresident defendant never contracted with the plaintiff.
The nonresident defendant also filed a motion for summary judgment and the plaintiff moved for judgment on the pleadings in the nature of a summary judgment.
The court granted the nonresident’s motion to dismiss and motion for summary judgment. Counsel for defendant corporation having consented thereto, a judgment was entered in favor of the plaintiff against the corporate defendant. Plaintiff appeals the granting of the nonresident’s motion to dismiss and motion for summary judgment. Held:
Despite the considerable testimony showing that the work was performed by the plaintiff on the leased space of the defendant corporation, plaintiffs project manager testified that the work was actually performed and agreed
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.