Buy-Rite Lumber v. Bank One, Akron, N.A.

Reece, Judge.

Buy-Rite Lumber Company (“Buy-Rite”) returns this case to us for the third time in as many years to appeal the decision of the trial court granting summary judgment in favor of Bank One, Akron, N.A. (“Bank One”). Recapping, Buy-Rite supplied building materials to Joseph Purcell & Son, Inc. and Jeffrey Purcell (“Purcell”), general contractors for several homes in northern Summit County. Buy-Rite sent prior notices to Bank One, which had extended to Purcell a construction loan, detailing its intent to deliver the materials to Purcell at two of the homesites. After receiving these…