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Contracts Keyed to Marshall
Yoder v. Rock Island Bank
Citation:
362 N.E.2d 68 (1977)Facts
In July of 1973, Yoder executed three separate construction mortgages to the Bank on Lots 1, 2 and 5 in Timothy Sirkl Second Addition to Coal Valley, Illinois. These three mortgages were placed of record. The Bank did advance money on the house being constructed on Lot 1, but no money was ever advanced on the mortgages on Lots 2 and 5. On 1974, Mr. Yoder discussed these particular mortgages and his financial obligations that were then due and owing to the Bank with Mr. Arvid Johnson, who was the vice president of the Bank and in charge of the Bank’s real estate loan department. At that time, Mr. Johnson advised Yoder to have his attorney send him something in writing with respect to this problem. This was done. Deutsch testified that after he received the letter of November 29, 1974, he called his client into the office and then called Doughty, explaining that the Yoders were going to go ahead and do what was necessary. Doughty testified that he has no recollection of Deutsch contacting him after his letter of November 29, 1974.
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