Ro-Bar Realty, Inc. v. Warren Five Cents Savings Bank

This is an action in contract to recover $2,133.00 in prepayment charges paid to the defendant to secure the early discharge of two mortgages. The trial court found for the defendant.

The reported evidence indicates that: The plaintiff is a corporation engaged in real estate speculation in the form of the purchase, improvement and resale of properties. The plaintiff had obtained mortgage financing from the defendant for various ventures since 1964.

On August 26, 1974 and November 4, 1975, the plaintiff executed two promissory notes to the defendant in the sum of $42,000.00 and $33,000.00…