Legal Opinion
Modern American Mortgage Corp. v. Skyline Park
Court of Appeals for the Fifth Circuit
Decided April 2, 1980No. 78-1410PublishedCited by 4 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
This appeal concerns a mortgagee, owner, and contractor, in a contractual dispute relating to the Federal Housing Administration’s Insurance of Mortgages under the National Housing Act, 12 U.S.C. § 1701 et seq. The district court in a diversity judgment granted relief against the appellee contractor but denied relief as to the appellee owner. Because our interpretation of the contract finds the mortgagee responsible for its own loss, we find neither the owner nor the contractor liable. Accordingly, we affirm in part and reverse in part.
Appellant, Modern American…
2Cases cited6 opinions
- Howard L. Makofsky, Jr. v. Raymond C. Cunningham, IICourt of Appeals for the Fifth Circuit · 1978
- Guadalupe-Blanco River Authority v. City of San AntonioTexas Supreme Court · 1947
- E. H. Thornton, Jr., Cross-Appellant v. Bean Contracting Company, Inc., A/K/A Bean Contracting Corp., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
- The First National Bank of Miami v. Insurance Company of North AmericaCourt of Appeals for the First Circuit · 1974
- Valley Cement Industries, Inc. v. Midco Equipment CompanyCourt of Appeals for the Fifth Circuit · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Richland Plantation Company v. Justiss-Mears Oil Company, Inc.Court of Appeals for the Fifth Circuit · 1982
- McCarthy Bros. Construction Co. v. PierceCourt of Appeals for the Eighth Circuit · 1987
- McCARTHY BROTHERS CONSTRUCTION COMPANY v. PIERCECourt of Appeals for the Eighth Circuit · 1987
- Modern American Mortgage Corp. And First Federal Savings & Loan Assoc., Cross-Appellees v. Skyline Park, a Texas General Partnership v. George W. Tucker, D/B/A Empire Construction Co., Cross-AppellantCourt of Appeals for the First Circuit · 1980