Michael F. Thomas v. Ken Smith Auto Parts

This appeal concerns breach of contract. In 2012, Michael F. Thomas (“Thomas”),
president and owner of CCW Systems, Inc. (“CCW”), completed and signed an open
account application (“the Application”) with Ken Smith Auto Parts (“Ken Smith”). The
one page Application provided that Thomas would personally guarantee all invoices due
to Ken Smith, which sold auto parts to CCW. Later on, CCW became delinquent and
dissolved. In 2017, Ken Smith filed a civil warrant against Thomas in the General Sessions
Court for Hamilton County. This followed two unsuccessful attempts to serve Thomas on
previous civil warrants. The General Sessions Court ruled in favor of Ken Smith. Thomas
appealed to the Circuit Court for Hamilton County (“the Trial Court”). The Trial Court
granted partial summary judgment in favor of Ken Smith, holding that Thomas was
personally liable for CCW’s debt. After a bench trial, the Trial Court found, inter alia, that
the four-year statute of limitations had not expired on Ken Smith’s breach of contract claim
because, in 2013, Thomas promised to pay the debt which served to renew the statute of
limitations. Thomas appeals to this Court. We affirm.