Frank M. Ewing Co. v. Krafft Co.

On the morning of the day of sale under foreclosure of a construction deed of trust, appellant Frank M. Ewing Co., Inc., the assignee of the note secured by the deed, handed Charles Galeano, president of Custom Line Homes, Inc., the builder and maker of the note, a check for $8,300.00 purporting to be the final advance under the deed, and was immediately given back the endorsed check to be applied in reduction of the builder’s large debt to the Ewing Company. The court auditor, in an amended account, disallowed the $8,300.00 claim of the Ewing Company against the proceeds of sale, as…