Foternick v. Watson

In this case the jury were warranted in finding the following facts: The plaintiff Foternick is a builder by *188trade. He wished to construct some houses on a parcel of land on which there was a mortgage for $10,800. Before buying the land or otherwise entering upon the undertaking he applied to the defendant for what is generally known as a construction loan, and on April 13,1899, Foterniek and the plaintiff Lavinsky, in whose name Foterniek proposed to take title as a matter of convenience, entered into a written contract with the defendant, whereby the defendant agreed to lend "the plaintiffs…