The plaintiff supplier brought a motion for summary judgment against the owner and the principal of the contractor for unpaid invoices.
The contractor had terminated its contract with the owner, and the owner signed a termination agreement promising to pay the contractor's outstanding obligations to specific suppliers, including the plaintiff.
The court found that the owner was directly liable to the plaintiff under the principled exception to the privity of contract doctrine.
The court also found that the principal's personal guarantee was not released because the release was contingent on the owner paying the invoices.
Summary judgment was granted against the owner and the principal.
