ROY A. SCHNEBELEN & ASSOC. v. AM. BANK & TR. CO.

No. 13313.

349 So.2d 1020 (1977)

ROY A. SCHNEBELEN & ASSOCIATES, d/b/a Pine Terrace Apartments, a Louisiana Partnership in Commendam, Plaintiff-Appellant, v. AMERICAN BANK & TRUST COMPANY and the First Fidelity Mortgage Company, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 29, 1977.


Attorney(s) appearing for the Case

Oliver & Wilson by John W. Wilson, Monroe, Gary & Field by Leon Gary, Jr., Baton Rouge, for plaintiff-appellant.

Davenport, Files, Kelly & Marsh by William G. Kelly, Jr., Monroe, for defendant-appellee, American Bank & Trust Co.

Boles, Mounger, Hallack & Olsen by William H. Hallack, Jr., Monroe, for defendant-appellee, First Fidelity Mortgage Co.

Before HALL, MARVIN and BOLIN, JJ.


MARVIN, Judge.

After the completion of construction and the closing of a 1.4 million dollar, FHA insured, permanent loan on plaintiff partnership's apartment project, the partnership sued to recover from its mortgage broker and its interim-financing bank $164,000, which it paid the bank as interest and "yield fees" during construction.

The lower court rejected the partnership's demands except for $56 "interest on...

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