Commercial Plastics & Supply Corp. v. Molen

Beasley, Judge.

For use in his business, Molen ordered 500 pieces of a foam-like material from Commercial Plastics and issued a check to the company for $3,320.63. The company was able to deliver only part of the order and held the check until the balance arrived. The transaction disintegrated, and in this suit which ultimately materialized, Commercial Plastics contends that it was entitled to summary judgment.

Molen stated that at the time the order was placed Commercial Plastics’ employee Caine agreed to hold the check until Molen’s company was paid for the job for which the ordered material…