Ferguson v. Golf Course Consultants, Inc., 34139
| Decision Date | 14 February 1979 |
| Docket Number | No. 34139,34139 |
| Citation | 243 Ga. 112,252 S.E.2d 907 |
| Parties | FERGUSON v. GOLF COURSE CONSULTANTS, INC., et al. |
| Court | Georgia Supreme Court |
Savell, Williams, Cox & Angel, Michael Jablonski, Henry Angel, Austin E. Catts, Atlanta, for appellant.
Falligant, Kent & Toporek, Julian H. Toporek, Savannah, George M. Rountree, Brunswick, for appellees.
Ferguson appeals from an order granting summary judgment in favor of Atlantic Land and Development Corporation and the First National Bank of Brunswick that was entered in his action to quiet title brought in rem pursuant to Code Ann. § 37-1411, et seq.
His complaint in equity alleged that the claims adverse to his claimed fee simple interest were based upon a certain writing that purported to be a warranty deed from him to Golf Course Consultants, Inc. He alleged that he did not sign the deed and that it was a forgery.
He enumerates as error the grant of summary judgment to various other persons, firms and corporations, but the order from which he appealed related alone to Atlantic and First National. Accordingly, these other enumerations of error present nothing for review.
The record before this court is massive, and the business relationships between the many alleged claimants are complex. However, the material facts not genuinely in issue are few and may be stated briefly.
Ferguson and Ullman had an oral joint venture relating to the subject tract of land. Ferguson had bought the land in his own name from one of Ullman's corporations to help Ullman avoid foreclosure by a lender named Robinson. Ferguson and Ullman orally agreed for another Ullman corporation to develop the land, for Ullman to find a buyer, and for the proceeds to be divided between Ferguson and Ullman when Ullman found a buyer.
Without first consulting with Ferguson, Ullman signed Ferguson's name on the instrument in question and thereafter told Ferguson about the sale. Ferguson was glad to hear about the sale and to receive a check from Ullman representing part of the proceeds of the sale. Ferguson deposited the proceeds of this check into his personal account and spent at least part of them. Ferguson thereafter wanted Ullman to pay him additional sums in return for his not raising any issue as to the signature by Ullman. When Ullman refused, this suit was filed. According to Ferguson's own testimony, he neither made an attempt to return the money nor did...
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Woodstone Townhouses, LLC v. S. Fiber Worx, LLC
...Brock v. Yale Mtg. Corp. , 287 Ga. 849, 855 (3), 700 S.E.2d 583 (2010) (citations omitted); see also Ferguson v. Golf Course Consultants, Inc. , 243 Ga. 112, 113, 252 S.E.2d 907 (1979) (ratification of a forged signature occurred when the principal knowingly consented to a sale in return fo......
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U. S. Bank Trust National Association v. Chieftain Atlanta, L. P.
...in which a party alleges that another forged his signature on a contract without his knowledge. See Ferguson v. Golf Course Consultants, Inc. , 243 Ga. 112, 112-113, 252 S.E.2d 907 (1979) ; Southtrust Bank of Ga. v. Parker , 226 Ga. App. 292, 294-295 (1), 486 S.E.2d 402 (1997) ; see also ge......
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Erler v. Creative Finance & Investments
...summary judgment ruling, because material issues of fact existed as to all three. ¶ 36 Similarly, in Ferguson v. Golf Course Consultants, Inc., 243 Ga. 112, 252 S.E.2d 907 (1979), the Georgia Supreme Court explained that equity may regard the conduct of an individual whose signature is forg......
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Brock v. Yale Mortgage Corp., S10A0950.
...Georgia law, a forged signature is nonetheless binding if ratified by the person whose name was signed. Ferguson v. Golf Course Consultants, 243 Ga. 112, 113, 252 S.E.2d 907 (1979). See also Rains v. Dolphin Mtg. Corp., 241 Ga.App. 611, 614(4), 525 S.E.2d 370 (1999). “A ratification may be ......