Wiederhold v. Prime Builders

Benham, Judge.

Appellant contracted with appellee for the latter to build a shopping center. As part of the process in obtaining permanent financing for the venture, appellant made a partial payment of money owed to appellee and signed a promissory note to the effect that in consideration of the delay in appellant’s payment of the additional funds owed to appellee for services appellee had already provided, and of appellee’s dismissal of its mechanic’s lien action, appellant unconditionally promised to pay appellee $27,229.41 on or before September 30, 1986. Appellant failed to make the…