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McDONALD v. FERGUSON ENTERPRISES, INC.

No. A05A0563.

618 S.E.2d 45 (2005)

274 Ga. App. 526

McDONALD et al. v. FERGUSON ENTERPRISES, INC.

Court of Appeals of Georgia.

Reconsideration Denied July 20, 2005.

Attorney(s) appearing for the Case

Richard Phillips, Joseph C. Kitchings, Phillips & Kitchings, Ludowici, for appellants.

Mathew M. McCoy, David H. Johnson, McCorkle, Pedigo & Johnson, Savannah, for appellee.

BERNES, Judge.

Ferguson Enterprises, Inc. ("FEI") filed a complaint against Arthur McDonald and Debra Dunn alleging that they were liable under a personal guaranty agreement for "all sums owed by Dunn Plumbing" on an open account for construction materials. The alleged guaranty agreement was attached to and incorporated into the complaint as part of a multi-page credit application. McDonald and Dunn answered, asserted counterclaims, and moved to dismiss, alleging...

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