SMITHFIELD PEAT CO. v. SCOTT-LEE CONST.

No. 85-566 Appeal.

525 A.2d 495 (1987)

SMITHFIELD PEAT CO., INC. v. SCOTT-LEE CONSTRUCTION CO., INC. et al.

Supreme Court of Rhode Island.

May 14, 1987.


Attorney(s) appearing for the Case

George M. Prescott, Oster, Groff & Prescott, Providence, for plaintiff.

Robert Fine, Huseby, Robert, Licht & Semonoff, Paul J. Bogosian, Jr., Hodosh, Spinella & Angelone, Providence, for defendant.


OPINION

KELLEHER, Justice.

This litigation, which was initiated over eight years ago, involves the proceeds of a construction-loan mortgage, the borrower, the lender, the building contractor, and a subcontractor who appeals a Superior Court justice's grant of the borrower's motion for summary judgment. There is no dispute about the facts that give rise to the sole issue presented to the Superior Court justice.

In late February 1978 Citizens Savings...

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