Dudley v. Born

OPINION

BROOKSHIRE, Justice.

Appeal from a suit for damages, alleging breach of a Construction Loan Agreement. The agreement was secured by a Promissory Note and Deed of Trust. The judgment below, after a bench trial, was awarded to Donald Born and wife, Celia Born, for damages, attorney’s fees and costs. Findings of Fact and Conclusions of Law were filed. At the bench trial, the court held that Dudley had breached the Construction Loan Agreement by an anticipatory breach by suggesting to the Borns to seek other sources of the final funding; secondly, by charging the Borns more interest than…