Kimco Corp. v. Murdoch, Coll and Lillibridge, Inc.

PRESIDING JUSTICE COUSINS

delivered the opinion of the court:

The plaintiff and the defendant made a contract for the plaintiff to perform janitorial services on a month-to-month basis at a building managed by the defendant. The defendant was acting as an agent for a limited partnership that owned the building. When the partnership fell behind in its payments, two officers of the plaintiff and an officer of the defendant met to discuss the situation. After the meeting, the plaintiff continued to perform under the contract.

The plaintiff eventually was paid the amount that was due prior to the…