Egbert v. Curtis

OPINION AFFIRMING AND ORDER

DUNN, Judge.

Princeton Federal Savings and Loan Association sued the appellants, the Egberts, for the balance due on their alleged default of their note and for foreclosure of its mortgage security. The Egberts, as third party plaintiffs, joined the appellee, Joe Curtis, their building contractor, as third party defendant, alleging breach of their building contract and seeking damages as well as the return of funds from their note proceeds paid to Curtis, allegedly prematurely, by the plaintiff Savings and Loan. Curtis pleaded res judicata because of judgment in the…