Mr. Justice McEWAN delivered the opinion of the court.
Uinta Improvement Company, appellee, plaintiff below, and Southwestern Construction Company negotiated for the sale and purchase of certain lots in Kemmerer, Wyoming, one of which is the lot in question, and General Investment Company, defendant and third-party plaintiff below, and predecessor in interest to Midland Mortgage Company, appellee, was to make construction loans to Southwestern to be secured by a first...
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