In August 2014, Superior Structures of Ohio, LLC, and its president, Ryan Villhauer, applied for credit with

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In August 2014, Superior Structures of Ohio, LLC, and its president, Ryan Villhauer, applied for credit with Willoughby Supply Company, Inc. The application contained a section providing for a personal guarantee, including language that named Villhauer as the guarantor and the statement,

“This application will not be approved if personal guarantee is not signed.” Directly beneath this section, Villhauer handwrote his name on the

“name” line but left the signature line blank. Willoughby Supply granted credit to Villhauer and Superior Structures, and Superior Structures made multiple purchases from Willoughby Supply on this credit. Villhauer and Superior Structures defaulted on the credit and refused to pay Willoughby Supply, resulting in an unpaid balance of $28,832. Willoughby Supply sued Villhauer to collect the debt. Villhauer moved to dismiss the case, arguing that he could not be held liable because he did not sign the personal guarantee. The trial court granted Villhauer’s motion. Did a contract exist between Willoughby Supply and Villhauer? How do you think the appellate court ruled?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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