Industrial Mechanical had a contract with Free Flow Cooling, Ltd., a British company. Free Flow owed Industrial
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“We have received preliminary notices and we like [sic] to point out that the contract we have signed does not allow for such action to recourse [sic] with the customer. Please advise all subcontractors and suppliers that the only recourse that they will have is against Siemens.” The fax was signed “kind regards” by Arnold Schultz, Siemens’s senior project manager for the Texas construction project. Nowhere in the fax did Siemens guarantee the debt of any specified entity or state that Siemens was agreeing to indemnify anyone or pay the obligations on behalf of anyone else. The fax failed to identify the principal debtor whom Siemens purportedly agreed to indemnify and failed to state that Siemens agreed to answer for that entity’s debt. Can Industrial collect the amount of Free Flow’s debt from Siemens? Why or why not? [Industrial Mechanical, Inc. v Siemens Energy & Automation, Inc., 495 SE2d 103 (Ga App)]
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Andersons Business Law and the Legal Environment
ISBN: 978-0324786668
21st Edition
Authors: David p. twomey, Marianne moody Jennings
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