Brown-Marx Associates, Ltd. And Gary E. Smith v. Emigrant Savings Bank and Prudential Savings Bank

GODBOLD, Chief Judge:

This diversity case concerns a dispute between a prospective borrower and a bank over a $1.1 million loan commitment for financing an office building. Emigrant Savings Bank refused to lend the money, maintaining among other things that Brown-Marx Associates, the would-be borrower, had failed to satisfy the minimum rental requirement of the commitment. Brown-Marx sued the bank alleging breach of contract and various tort theories of recovery. The matter was tried to a jury which found for Brown-Marx on its contract claim. The district court granted the bank’s motion for…