Five Star Enterprises, Inc. Ex Rel. Grant v. Russell

MARTIN, Judge.

Plaintiff contends that the court erred in granting summary judgment in defendant’s favor. He argues that a genuine issue of material fact exists as to whether, at the time defendant made the $2,000 payment to Russell, he had knowledge of Five Star and its financial condition and of Russell’s intention to apply the check to his own personal obligation.

Defendant’s affidavit, in support of his motion for summary judgment, sets forth the following facts: that he had known Russell and Kelly since 1972 when he purchased a home from them; that during the construction of the home, all…