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WAYNE BLDG. & L. CO. v. YARBOROUGH

No. 40543.

11 Ohio St. 2d 224 (1967)

THE WAYNE BUILDING & LOAN CO. OF WOOSTER, OHIO, APPELLEE, v. YARBOROUGH ET AL.; THE FALLS LUMBER CO., APPELLANT; EATON & CO., APPELLEE.

Supreme Court of Ohio.

Decided July 26, 1967.

Attorney(s) appearing for the Case

Messrs. Laybourne, McClenathen, Zurz & Tuccillo and Mr. Paul C. Laybourne, for appellee The Wayne Buildings & Loan Company of Wooster.

Messrs. Weick & Genovese and Mr. James G. France, for appellee Eaton & Company.

Messrs. Buckingham, Doolittle & Burroughs and Mr. John M. Glenn, for appellant.

Per Curiam.

The principal questions in this case are controlled by the decision in cases Nos. 40533, 40534 and 40535, Wayne Building & Loan Co. of Wooster, Ohio, v. Yarborough, decided this day. By virtue of those cases, where, under a mortgage contemplating future advances for the construction of improvements upon the mortgaged premises and properly recorded prior to the reasonably apparent commencement of such construction, disbursements...

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