Topik v. Thurber

HALL, Chief Justice:

Defendant appeals the judgment of the district court holding him liable for failing to honor the assignment jf proceeds of a personal injury settlement.

Plaintiff Nick Topik and defendant’s client, Robert Pett, entered into a contract wherein Pett agreed to construct houses on lots owned by plaintiff. Although plaintiff originally obtained loans from First Security Bank to build the houses, Pett was unable to complete the last house because expenditures had exceeded the construction loans. Therefore, Pett (with plaintiff as guarantor) borrowed an additional $20,000 from…