Hopkins v. J. E. Foster & Son, Inc.

STEPHENSON, Justice.

Plaintiff brought this action for damages for breach of contract. Trial was before the court, and judgment was rendered that plaintiff take nothing. The parties will be referred to here as they were in the trial court.

Defendant wrote a letter of commitment to make plaintiff a loan to finance the construction of a home, which contained the following provision:

“We are to be furnished with a title policy from an acceptable title company, insuring the deed of trust as a first lien on the property, without reservation.” Later defendant was furnished with information showing…