Seaboard Construction Co. v. Continental Mortgage Investors

ORDER ON MOTION FOR SUMMARY JUDGMENT

LAWRENCE, District Judge.

Defendant has moved for a summary judgment. The complaint alleges that Seaboard Construction Company contracted with Black Industries, Inc. [hereafter called Black] on December 5, 1968, to do certain site work including paving, sewerage, and other construction on plaintiff’s property and that Black thereupon entered into a loan agreement with Continental Mortgage Investors, defendant [hereafter called Continental] under which the latter agreed to advance funds to pay for the work as it progressed. Plaintiff asserts that it has…