County Photo Compositing Corp. v. Pawlick

1984 Mass. App. Div. 183, 1984 Mass. App. Div. LEXIS 78
CourtMassachusetts District Court, Appellate Division
DecidedJuly 26, 1984
StatusPublished
Cited by1 cases

This text of 1984 Mass. App. Div. 183 (County Photo Compositing Corp. v. Pawlick) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County Photo Compositing Corp. v. Pawlick, 1984 Mass. App. Div. 183, 1984 Mass. App. Div. LEXIS 78 (Mass. Ct. App. 1984).

Opinion

Larkin, J.

This appeal raises the issue of whether the trial judge was correct in allowing a defendant’s motion for summaryjudgment in the context of a dispute over the amount owed for printing services to the legal profession.

Plaintiff brought an action of contract and for alleged violation of G.L.c. 93A seeking to recover money damages stemming from the defendant’s refusal to pay for typesetting services furnished by the plaintiff. In his answer, defendant denied any breach of contract and similarly denied any putative 93A violations. In addition, in his answer the defendant raised the defenses of accord and satisfaction and release. Following the completion of the pleadings and some pre-trial discovery, the defendant moved for summaryjudgment pursuant to Rule 56, M.R.C.P. Following argument, the trial judge allowed defendant’s motion for summaryjudgment. Again, it is the allowance of that motion which grounds the instant appeal.

The record shows that in July of 1979 the defendant requested the typesetting services of the plaintiff relative to a proposed book on Civil Procedure in the District Courts of Massachusetts. The plaintiff agreed to provide such services. In the interim period between July of 1979 and June of 1981, the plaintiff submitted bills to the defendant totalling $5,629.30 which the defendant paid in full. In June of 1981, the plaintiff submitted a final bill totalling $5,868.35. The defendant apparently disagreed with the amount of this bill and so informed the plaintiff. On June 23, 1981, the plaintiff and defendant met to discuss the dispute over the amount actually owed and apparently the amount that would be required to settle the developing controversy.

What the parties actually understood as to these matters and whether they had come to a meeting of the minds on the settlement issue has emerged as a sharply contested question which lurks the surface of the validity of the grant of summaryjudgment by the trial judge. Another issue, inextricably bound up with the foregoing, is whether the plaintiffs claim was barred because, following the above-cited meeting, the plaintiff accepted and negotiated a check marked “payment in full” incident to what the defendant asserts was a “negotiated settlement” in the context of a “disputed claim.”

The thrust and chronology of the parties competing positions may, perhaps, best be explored from an examihation of the affidavits submitted by each party as a part of the duly mandated summaryjudgment requirements of Rule 56, M.R.C.P.

In suport of his motion, J. Edward Pawlick, president and publisher of the defendant, filed the following duly attested affidavit:

1.1 am the owner of Lawyers Weekly Publications, 30 Court Square, Boston, Massachusetts.
2.1 have been in the newspaper, book and newsletter business since 1972 and have purchased hundreds of thousands of dollars of typesetting and printing during that time.
3. The plaintiff was hired to do the typesetting for a book on Civil Procedure in the District Courts of Massachusetts.
[185]*1854. The plaintiff submitted interim bills to us totalling $5,629.30 which we paid in full.
5. The plaintiff submitted a final bill of $5,868.35 which I believed to be too high for the services rendered and I so informed the plaintiff.
6.1 believed that less than $1,500.00 was the actual amount owed.
7. The plaintiff and I had a meeting on June 23, 1981 in which we agreed that the settlement amount of $5,000.00 was to include any previously unrecorded payments made by the defendant to the plaintiff.
8. There were two unrecorded payments sent to the plaintiff totalling $2,960.20.
9.1 sent a check for $2,039.80 to the defendant which represented the difference between the $5,000.00 or settlement figure and the unrecorded payments of $2,960.20.
10.1endorsed the reverse side of this check marking it ‘payment in full’
11. The plaintiff obliterated the endorsement and cashed the check.

In opposition to the motion for summary judgment, James J. Reidy, president of the plaintiff corporation, filed the following equally attested affidavit:

1. The plaintiff, from July, 1979 through April, 1981, furnished typesetting and other services to the defendant.
2. The plaintiff at various times submitted invoices to the defendant and these invoices total $11,614.21.
3. The plaintiff has been paid to date by the defendant an amount of $7,785.61, but the defendant has refused and continues to refuse to pay the remaining balance of $3,828.60.
4. On June 23,1981,1 met with the defendant in Boston to discuss his outstanding balance which then stood at $5,868.35, and it was agreed between the defendant and myself that he would pay $5,000.00 in final settlement of his then current indebtedness.
5. A short time after this meeting, I received a check from the defendant for an amount of $2,039.80, but which contained an endorsement on its back to the effect that ‘deposit of this check is an acknowledgment that this is payment in full of all indebtedness owed to County Photo Compositing Corporation by Mass. Lawyers Weekly.’
6. Along with this check, I received a letter from the defendant, a copy of which is attached to this affidavit and marked ‘Exhibit A.’
7.1 gave instructions to my bookkeeper to delete this endorsement and to deposit this check, which he did. I then sent a letter to the defendant, a copy of which is attached to this affidavit and marked ‘Exhibit B.’
8. I never agreed with the defendant that we would accept $5,000.00 as the total bill for all work done from the very beginning of the book, less payments already made by the defendant.
9.1 did not leave the defendant’s office while he went to check on payments made to date, as the defendant infers in his affidavit and in other pleadings. Instead, the defendant and I terminated our meeting on June 23, 1981, when we agreed that I would accept $5,000.00 towards full settlement of the then remaining indebtedness, which stood at $5,868.35. This was not a disputed amount. There was no agreement as to any credits to be applied to this $5,000.00.
[186]*18610. The defendant never admitted to me that he owed the plaintiff only $1,500.00.
11. On July 21,1979, the defendant was billed $630.00, and he paid this on September 10,1979. On November 8,1979, January 10,1980 and January 30, 1980, the defendant was billed a total of $2,446.71, and on March 14, 1980, he paid this amount in full. The final bill of $5,868.35 was for work performed for the defendant subsequent to the July 1, 1980 billing, and did not include amounts which were previously billed to the defendant, (see copy of plaintiffs ledger card attached.

The letter from the plaintiff to the defendant which is referenced in paragraph 7 of the above cited affidavit is as follows:

Mr. Ed Pawlick
Massachusetts Lawyers’ Weekly

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Bluebook (online)
1984 Mass. App. Div. 183, 1984 Mass. App. Div. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-photo-compositing-corp-v-pawlick-massdistctapp-1984.