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COKE LBR. & MFG. CO. v. FIRST NAT. BANK, ETC.

No. 18690.

529 S.W.2d 612 (1975)

COKE LUMBER & MANUFACTURING CO., Appellant, v. FIRST NATIONAL BANK IN DALLAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 20, 1975.

Attorney(s) appearing for the Case

Frank Cusack, DeSoto, for appellant.

Robert M. Roller, Coke & Coke, Dallas, for appellee.

GUITTARD, Justice.

This case presents the question of whether an interim lender is liable to a materialman for the amount of a claim for materials furnished to a builder on the ground that the lender, after receiving actual notice of the materialman's claim and lien, advanced funds to the builder in excess of the amount of the claim. We hold that the lender has no such liability. We also deny the materialman's claim for priority of its lien as against the lender's...

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