Town & Country Homecenter of Crawfordsville, Indiana, Inc. v. Woods

STATON, Sr. Judge,

dissenting

I dissent. A duty was created at the mortgage closing when National City Bank obtained knowledge of the money owed Town and Country for building materials. Where the relationship of the parties creates a justifiable reliance upon one of them and the circumstances are completely controlled by the party relied upon, a duty to use reasonable care exists.8 National City Bank as the mortgagee was experienced in making mortgage loans. Its closing agent, Tom Generis, had been advised by Fellows, the mortgagor, of his concerns that Town and Country had supplied building…