
    UNION TRUST CO v BROADWAY HOUSE WRECKING CO
    Ohio Appeals, 8th Dist, Cuyahoga Co
    No 11019.
    Decided Feb. 2, 1931
    Oliver Stamper and Frank Wilke, both of Cleveland, for Trust Co.
    Ezra Shapiro, Cleveland, for Wrecking Co.
    MIDDLETON, PJ (4th Dist), CROW & JUSTICE, JJ (3rd Dist) sitting.
   The facts will be found in the opinion.

BY THE COURT

The record in this proceeding discloses that the plaintiff below offered direct and positive evidence in the trial court to support all the essential and determinative facts necessary to recover the judgment. There was evidence tending to prove that the trust company was the escrow agent of the plaintiff for pay arid that it failed to follow the instructions of the plaintiff regarding the mortgage complained of and that as a result of such failure the note secured by the mortgage as prepared by the trust company was of no value, but that had it been prepared as directed the note would have been worth the consideration named therein.

While there is a conflict in the evidence on all the issues in the case, that fact does not justify this court in interfering with the judgment. The judgment is affirmed.

Middleton, PJ, Crow and Justice, JJ, concur.  