HENKIN, INC. v. BEREA BANK & TRUST CO.


566 S.W.2d 420 (1978)

HENKIN, INC., et al., Appellants, v. BEREA BANK & TRUST CO. et al., Appellees. HENKIN, INC., et al., Appellants, v. Ralph DEAN, Appellee.

Court of Appeals of Kentucky.

As Modified On Denial of Rehearing June 2, 1978.


Attorney(s) appearing for the Case

R.J. Turley, Jr., Turley, Savage & Moore, Lexington, for appellants.

Robert P. Hastings, Hardy, Logan & Hastings, Louisville, for appellee, Ralph Dean.

John E. Smith, Lancaster, A. B. Rouse, Jr., Rouse & Collins, Lexington, for appellee, Berea Bank & Trust Co., et al.

Before HAYES, REYNOLDS and VANCE, JJ.


VANCE, Judge:

These appeals arise from judgments entered in two separate actions but they involve the same factual situation and we have elected to dispose of both appeals with this opinion.

Henkin, Inc. is the owner and operator of a radio broadcasting station which it purchased from Tinker, Inc. giving, as a part of the purchase price, its promissory note for $160,000 payable in installments. The note was secured by a mortgage upon five acres of land on...

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