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FALLS LUMBER CO. v. HEMAN

No. 5086.

114 Ohio App. 262 (1961)

THE FALLS LUMBER CO., APPELLEE, v. HEMAN ET AL., APPELLEES; NORTH AKRON SAVINGS ASSN., APPELLANT.

Court of Appeals of Ohio, Summit County.

Decided May 3, 1961.

Attorney(s) appearing for the Case

Messrs. Brouse, McDowell, May, Bierce & Wortman, for appellee The Falls Lumber Company.

Mr. Lee Ferbstein, for appellees Stanley A. Heman and Doris L. Heman.

Mr. Albert F. Schwartz, Mr. Harry W. Schwab, Jr., and Mr. N. C. Syracopoulos, for various lien claimants.

Mr. John McIntosh, for appellant.

HUNSICKER, J.

On April 2, 1956, Stanley A. Heman and Doris L. Heman, his wife, entered into a contract with The M. W. DeWitt Construction Company for the construction of a house to be erected on Lot 64, Kenilworth Manor Allotment, also known as 1326 DeWitt Drive, Akron, Ohio. The total cost of the house and lot was to be $17,500.

To facilitate the construction, it was necessary for Mr. and Mrs. Heman to secure a loan of sufficient money to finance the

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