Bianchi's From Roma, Inc. v. Big Five Club, Inc.

This is an appeal by the plaintiff Bianehi’s From Roma, Inc. from an adverse final summary judgment in an action to collect funds allegedly due under a written agreement with the defendant Big Five Club, Inc. Contrary to the trial court’s determination, we conclude that a release which was signed simultaneously by the parties with the written agreement sued upon [thereby requiring that both of these instruments be construed together in determining the parties’ intent] did not, as a matter of law, extinguish the parties’ obligations to each other under the written agreement. We reach this…