We review the trial court's grant of summary judgment de novo, viewing the evidence, and all reasonable inferences drawn from the evidence, in the light most favorable to the nonmoving party. Houghton v. Sacor Financial , 337 Ga. App. 254, 254, 786 S.E.2d 903 (2016). So viewed, the record shows that on December 6, 2006, Brancewicz completed a "Small Business Credit Application" for Penn Beaver Pharmacy Inc. (the "company"), requesting a $50,000 credit line from National City Bank. Brancewicz signed the first page of the application as both an authorized representative (the company owner) and a guarantor of the credit line.
(Citation and punctuation omitted.) Houghton v. Sacor Financial , 337 Ga. App. 254, 256 (1), 786 S.E.2d 903 (2016). The breach of contract claim against DuPont is based on DuPont’s alleged failure to comply with its obligations under the indemnification agreement with Hubert Moore Lumber, Roberts’ and NSF Farms’ claim to be third-party beneficiaries of that agreement, and damages allegedly suffered by Roberts and NSF Farms as a result of DuPont’s breach.
(Citation and punctuation omitted.) Houghton v. Sacor Financial, 337 Ga. App. 254 , 256 (1) (a) (786 SE2d 903 ) (2016). The security deed Roberts executed in favor of Chase contained a power of sale and was thus “a contract and its provisions are controlling as to the rights of the parties thereto and their privies.”
Houghton v. Sacor Fin., Inc., 337 Ga. App. 254 , 258 (1) (b) (i) (786 SE2d 903 ) (2016) (punctuation omitted); accord S. Telecom, Inc. v. TW Telecom of Ga. L.P., 321 Ga. App. 110 , 114 (3) (741 SE2d 234 ) (2013); see also Golden Pantry Food Stores, Inc. v. Lay Bros., Inc., 266 Ga. App. 645 , 648 (1) (597 SE2d 659 ) (2004) (“It is a well-established principle of Georgia law that an assignee of a contract acquires its rights from the assignor, has no more rights under the contract than the assignor, and is subject to all the defenses that could have been raised against the assignor.” (emphasis supplied)).
Pridgen v. Auto–Owners Ins. Co. , 204 Ga.App. 322, 323, 419 S.E.2d 99 (1992).See Houghton v. Sacor Financial, Inc. , 337 Ga.App. 254, 258–259 (1) (b) (i), 786 S.E.2d 903 (2016) (assignee of a contract could not start a new limitation period for filing breach of contract action by demanding that the other party pay the assignee an amount due under the contract). Thus, Wells Fargo took the security deed subject to the defense of the bar of the statute of limitation and stood in the shoes of LSM insofar as when the claim for reformation of the security deed began to accrue.
(Punctuation and footnote omitted.) Houghton v. Sacor Financial , 337 Ga.App. 254, ––––, 786 S.E.2d 903, 2016 WL 3068407, *4 (1) (b) (ii) (Case Number A16A0009, decided May 31, 2016). See also Hall v. Massally , 329 Ga.App. 136, 138, 764 S.E.2d 161 (2014) (“The failure of a nonmoving party to file responsive material ... does not automatically entitle the moving party to judgment for there is no such thing as a default summary judgment.
For "a contract claim, the statute of limitations begins to run at the time of its alleged breach." Id.; see also Houghton v. Sacor Fin., Inc., 786 S.E.2d 903, 906 (Ga.Ct.App. 2016) ("an action for breach of a written contract must be brought within six years of the breach"). In its complaint, Beal alleged that Hartford "materially breach[ed]" the settlement agreement on "December 2, 2011" when Hartford submitted its proposed findings of fact and conclusions of law to the state court.
"The elements for a breach of contract claim in Georgia are the (1) breach and the (2) resultant damages (3) to the party who has the right to complain about the contract being broken." Houghton v.Sacor Financial, Inc., 786 S.E.2d 903 (Ga. Ct. App. 2016) (internal citations omitted).
"In Georgia, '[t]he elements of a breach of contract claim ... are the (1) breach and the (2) resultant damages (3) to the party who has the right to complain about the contract being broken.' Houghton v. Sacor Fin., Inc., No. A16A0009, 2016 WL 3068407, at *2 (Ga. Ct. App. May 31, 2016) (internal quotation marks and citation omitted)." Coastal Logistics, Inc. v. Aim Steel International, Inc., 2016 WL 3842219 at * 2 (S.D. Ga. July 12, 2016).
In Georgia, "[t]he elements of a breach of contract claim . . . are the (1) breach and the (2) resultant damages (3) to the party who has the right to complain about the contract being broken." Houghton v. Sacor Fin., Inc., No. A16A0009, 2016 WL 3068407, at *2 (Ga. Ct. App. May 31, 2016) (internal quotation marks and citation omitted). However, a party has no right to complain about a contract unless that contract is valid.