SPICKES BROS. PAINTING INC. v. WORTHEN BANK

No. 88-203.

771 S.W.2d 258 (1989)

299 Ark. 79

The SPICKES BROTHERS PAINTING CONTRACTORS, INC., et al., Appellants, v. WORTHEN BANK & TRUST COMPANY, N.A., Appellees.

Supreme Court of Arkansas.

May 30, 1989.


Attorney(s) appearing for the Case

William Owen, Little Rock, James D. Lawson, No. Little Rock, for appellants.

Wright, Lindsey & Jennings, Little Rock, Barrett, Wheatley, Smith & Deacon, Jonesboro, for appellees.


KENT J. RUBENS, Special Chief Justice.

On April 26, 1984, Worthen Bank and Trust Company, N.A., (Worthen) lent to Lifesavers Center, Inc., (Lifesavers) the sum of $1,600,000 for the purpose of construction of improvements on lands upon which Lifesavers gave Worthen a mortgage. The mortgage contained the following language:

[Worthen] is firmly bound and obligated to make the $1,600,000.00 loan secured hereby which shall be applied by [Lifesavers] to payment...

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