Guilford Mortgage Co. v. Cunningham Brick Co.
U.S. Court of Appeals for the Fourth Circuit
Guilford Mortgage Co. v. Cunningham Brick Co., 331 F.2d 343 (4th Cir. 1964)
Guilford Mortgage Co. v. Cunningham Brick Co.
Opinion of the Court
The District Court subordinated the lien of a deed of trust securing a construction loan to the claims of certain suppliers and materialmen. It did so upon findings that the lender and the builder were engaged in a joint venture, the lender dominating and controlling the builder. We have carefully reviewed the record. We find that the findings of the Referee, adopted by the District Court, are adequately supported, are not clearly erroneous, and that they justify the ultimate finding that there was a joint venture or agency relationship between the lender and the builder.
Affirmed.
Reference
- Full Case Name
- GUILFORD MORTGAGE COMPANY, Sidney B. Allen, Trustee, and David W. Allen, Trustee v. CUNNINGHAM BRICK COMPANY, L and P Cabinet Shop, Frank Lambe, t/a Lambe Construction Company, Charles Moorefield, Lowe's Hardware of Greensboro, Inc., Snyder Electric Company, Inc., and A. W. Sapp, Jr., Trustee in Bankruptcy
- Cited By
- 1 case
- Status
- Published