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BUILDING PROFIT CORP. v. MORTGAGE & REALTY TRUST

Docket No. E013067.

36 Cal.App.4th 683 (1995)

42 Cal. Rptr.2d 533

BUILDING PROFIT CORPORATION, Plaintiff and Appellant, v. MORTGAGE AND REALTY TRUST, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

July 7, 1995.

Attorney(s) appearing for the Case

COUNSEL

Cox, Castle & Nicholson, David A. Leipziger, Randy P. Orlik and Herbert Jay Klein for Plaintiff and Appellant.

Frandzel & Share, David K. Golding, Lesley Anne Hawes and Craig A. Welin for Defendant and Respondent.

OPINION

McDANIEL, J.*

In this case, we are called upon to interpret a construction lender's obligation to an "original contractor" under the "stop notice" provisions of former Civil Code sections 3159 and 3162.11 The precise issue before us is whether the second, italicized sentence in each of the statutes conditions a construction...

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