Interstate 35/Chisam Road, L.P. v. Moayedi

OPINION

Opinion By

Justice LANG.

This appeal raises a question of whether general language waiving defenses in a debt guaranty agreement includes waiver of a specific statutory right of offset under section 51.003(c) of the Texas Property Code. We conclude under the facts of this case that it does.

In this case, Interstate 35/Chisam Road, L.P., and Malachi Development Corporation (“1-35”) appeal from a summary judgment that they take nothing in their suit against Mehrdad Moayedi who guaranteed a loan made by 1-35 to Villages of Sanger, Ltd. 1-35 sued Moayedi based upon his guaranty to recover the…