Don Coleman Construction Co. v. Mid-South Mortgage, Inc.

MARVIN, Judge.

These consolidated cases between a mortgage company and a builder arose because *759the builder changed plans for the financing of a $2,000,000 apartment complex from a government-funded loan by the mortgage company (Mid-South) to a conventional loan by a bank. When the mortgage company obtained a refund of $15,000 as a,portion of the commitment fee it had paid the government, the builder sued the mortgage company for a refund. In turn, the mortgage company sued the builder for a $36,200 financing and service fee which it claims it had “earned” and to which it would have been…