Woods Mill, Ltd. v. Whitman

Stolz, Judge.

Woods Mill, Ltd. (Woods Mill), a limited partnership whose general partner was the Baier Corporation (Baier), brought suit in three counts against Trans-Am Builders, Inc. (Trans-Am), Charles M. Fonda (Fonda) and Howe D. Whitman (Whitman) for breach of contract and resulting damages (Count 1), breach of contract and fraud (Count 2), and damages (Count 3). The trial judge sustained the individual defendants’ motion for summary judgment as to Count 2, and it is that judgment which is before us for review.

The matter around which the controversy turns is a letter of credit of $150,000…