Insilco Corp. v. Carter

Banke, Presiding Judge.

The seeds of this litigation were sown on July 27, 1972, when the appellant’s predecessor in title entered into a contract to furnish Vincent Phillips materials for the construction of a house. Phillips agreed to pay for the materials in monthly installments but later defaulted in this obligation.

On December 27, 1972, Phillips contracted to purchase a lot on which to construct the house. Although he never paid the contract price nor received a deed, he nevertheless went ahead with the construction and gave the appellant a security deed to the property. The appellant…