Gerrity Company, Inc. v. Spencor Construction, No. 332298 (Aug. 5, 1992)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION The plaintiff, Gerrity Company, Inc., has filed a prejudgment attachment as to certain real property owned by one of the defendants, Gordon Kirkman, a guarantor of the obligations of defendant Spencor Construction Company, Inc. ("Spencor") as to its account with the plaintiff.

Defendant Kirkman has moved to dissolve the attachment, claiming that the plaintiff cannot establish probable cause because the debt guaranteed by Kirkman was extinguished as a result of an accord and satisfaction.

This…