OPINION
ZENOFF, Justice:
H & H Investment Corporation through one of its principals, George Fox, borrowed $1,187,800.00 from First Western Savings and Loan Association to construct 62 homes on the Capitol Hills Tract subdivision in Clark County. In order that they be in a priority position First Western required that two debts be cleared before the loan would be made. To accomplish that Fox arranged that a $40,000.00 debt be paid in cash from the loan...
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