Spillman v. Self-Serv Fixture Co., Inc.

SPARLING, Justice.

Appellee Self-Serv Fixture Co., Inc., sued American Bravos, Inc., to recover the balance due on an open account and appellant, F.J. Spillman, as guarantor of $20,000 of American Bravos’ indebtedness. Spillman *657maintained, in his pleadings and testimony, that the agreement he signed guaranteed American Bravos’ indebtedness in an amount not to exceed $5,000. The guaranty that was sued on by Self-Serv had been altered and purported to guarantee the indebtedness of American Bravos in an amount “up to $20,000.” The trial court admitted the guaranty into evidence, over Spillman’s…