Atlas Paving Co. v. Tate

ROMANG, Judge:

Plaintiff-Appellant Atlas Paving Company (Atlas) appeals from an order sustaining the Defendant-Appellee Tate’s (Tate) Motion for a Summary Judgment. Atlas had entered into a paving contract with others as the undisclosed principals of Tate. Having completed the work called for by the contract Atlas was paid with a check from Saber Development Association signed by Tate. This check was returned for insufficient funds and Atlas filed the instant lawsuit against the undisclosed principals. In Atlas’ petition it alleged the contract, performance by Atlas, its breach, and the agency…