BAKER MORTGAGE CORPORATION v. Hugenberg

Bell, Chief Judge.

This is a suit to recover for the breach of a loan commitment contract. The trial court granted plaintiffs’ motion for partial summary judgment on the issue of liability, leaving the issue of damages for trial and defendant appeals. Plaintiffs have cross appealed because the trial court earlier set aside an order granting them a summary judgment.

The Main Appeal. Plaintiffs were desirous of obtaining a $220,000 loan. On January 14, 1977, the parties executed a loan commitment agreement which provided in part:

"... your loan has been approved subject to the following terms and…