The new proceeds from this loan was in fact deposited in a bank examining membership lower than Nix’s term “d/b/an effective NaBaF

The new proceeds from this loan was in fact deposited in a bank examining membership lower than Nix’s term “d/b/an effective NaBaF

Because interior constitution of one’s proposed agency try progressing, Nix borrowed $30,one hundred thousand out of Earliest National Financial regarding Habersham County with the objective out of placing earnest currency on sales with Reeves Technology

Dr. Gerald Nix introduced a healthy trying to get well within the terminology from an enthusiastic indemnity agreement facing Wayne and you will Patricia Promote. New defendants responded the fresh allege, setting up some defenses and then from the modification additional almost every other defenses. In the pretrial meantime, both sides used extensive finding and different movements was basically recorded and ruled on.

The way it is was tried just before a good jury which came back a decision into plaintiff regarding the dominant count found, $forty eight,, including lawyer charges. View was properly registered thereon therefore the defendants, whose actions getting directed verdict made within close from plaintiff’s facts and also at the fresh new intimate of all the research was actually denied, interest this courtroom.

Up on studying you to Reeves Hardware and you can Furniture from inside the Clarkesville, Georgia, was providing the cycle and you may aquatic business offered, Nix and Eugene Boyd decided to find the supplier. Boyd necessary in order to Nix you to Wayne Promote become introduced on enterprise.

The fresh new regards to new contract was indeed that inside the said out-of Nix taking so you’re able to Basic Federal an individual guaranty of your $150,100 financing from the bank in order to NaBaF, Inc

To do the reason for the firm, a corporation were to become shaped which may become inspired acronymically NaBaF, Inc., a mix of the original initials of the names Nix, Boyd and you may Foster. To start with, Nix would be to keep a clean almost all the brand new stock which have Boyd the fresh minority stockholder, but then Boyd and you may Promote were to split the new minority offers equally. Then, down seriously to their own employer’s *721 ultimatum, Boyd withdrew completely. Therefore, it absolutely was ultimately suggested one Nix, the brand new provider of expected cash, will have 51% of stock and Foster, the new seller away from direct day-to-time management of the organization, carry out discover forty two% of your shares.

Then towards October seven, 1974, Nix performed as “Dr. Elizabeth. Gerald Nix d/b/a great NaBaF” a good promissory note getting $150,one hundred thousand that have Basic National. This new maturity go out of your own note are Oct eight, 1975. ” After that, this membership turned into the corporate savings account. Foster was signed up so you’re able to and you may did write monitors toward membership. Into the few days from Oct 1974 prior to NaBaF, Inc., try formally included, Nix blogged a search for $31, and therefore reduced their loan of $31,000 regarding the bank and you may Promote authored a couple monitors from $64, (Oct 14, 1974) and you will $42, (October 19, 1974) so you’re able to Reeves Apparatus for list and products. These types of repayments were made pursuant to an income contract entered towards the anywhere between Nix and you may Reeves Tools toward Oct ten, 1974. The important points of your arrangement was basically alot more fully spelled out in a subsequent “agreement obtainable out-of organizations” ranging from Reeves Methods and you may NaBaF, Inc., dated October 29, 1974, and you may referenced from the Oct ten contract.

The newest checklist reveals NaBaF, Inc., are included under the laws from Georgia by Hallway Premium Legal into October 29, 1974, and Assistant of Nation’s certificate attesting so you’re able to including facts granted toward November step one, 1974.

On October 29, 1974, Foster, their spouse and you will Nix entered on the an indemnification contract which recited: that the Fosters interest one NaBaF, Inc., receive a loan off Very first National throughout the number of $150,one hundred thousand nevertheless financial have would not create such as for example financing versus the non-public guaranty out of Nix; your Encourages enjoys requested Nix to be sure the mortgage, however, he is unwilling to take action except if the fresh new Fosters execute the new agreement. , the Fosters covenanted: “(a) To keep and you may keep harmless [Nix] away from every liability and you can/or says and you will/or damage and you may/or expenditures (in addition to attorneys’ *722 and you can counsel costs) and/or loss one to [Nix] get experience, otherwise end up being responsible or responsible to have, otherwise should spend, on, or in result of, such loan warranty, otherwise any renewal or expansion thereof; (b) That coupon codes, and other right proof, exhibiting commission from the [Nix] of any including responsibility and you can/or claim and you may/or problems and/otherwise costs (plus attorneys’ and you can guidance fees) is going to be conclusive evidence up against the [Fosters] of the reality and you will number of the brand new liability of one’s [Fosters] to help you [Nix].”