Davis Acoustical Corp. v. Matzen Construction, Inc.

Appeal from an order of the Supreme Court at Special Term, entered October 29, 1976 in Rensselaer County, which granted plaintiff’s motion for summary judgment in lieu of complaint. The instrument for the payment of money only upon which the motion was based was a check in the sum of $800 drawn on the account of Matzen Construction, Inc. The check was issued in payment for labor and materials allegedly provided by the plaintiff to the defendant pursuant to a contract signed by Peter Matzen as president of the defendant corporation. The contract price was $1,220, but $420 of this sum had been…