Brown v. East Side National Bank

The opinion of the court was delivered by

Hatcher, C.:

This appeal stems from a controversy over the application of funds to the payment of a promissory note and the liability of a co-signer thereon.

On March 23, 1961, the plaintiffs, Val J. and Josephine Brown, entered into a construction contract for additions and improvements to their residence in Wichita, Kansas, with the Bontz Construction Company, Inc., a corporation wholly owned by Antoine Bontz. The total cost of the improvements specified in the agreement was $18,890, of which $2,000 was paid on execution of the contract. An additional…