Legal Opinion

Farmers & Merchants State Bank of Krum v. Reece Supply Company

Texas Court of Appeals, 11th District (Eastland)

Decided May 23, 2002No. 11-01-00345-CVPublishedCited by 4 opinions

1Opinion of the Court

Opinion

AUSTIN McCLOUD, Senior Justice.

The issue in this summary judgment case is whether the guaranty agreement is an unconditional payment guaranty or a collateral conditional guaranty. Reece Supply Company (Reece) sued Farmers & Merchants State Bank of Krum (Farmers) on a guaranty agreement signed by Farmers. The trial court granted Reece’s motion for summary judgment. Farmers appeals. We affirm.

The summary judgment proof reveals the following information. David White, sales manager for Reece, stated in an affidavit that G.R.A.V.I.T.Y. Enterprises, Inc. (Gravity) contacted Reece concerning…

2Cases cited10 opinions

  1. Gibbs v. General Motors CorporationTexas Supreme Court · 1970
  2. Universal C. I. T. Credit Corp. v. DanielTexas Supreme Court · 1951
  3. City of Pinehurst v. Spooner Addition Water Co.Texas Supreme Court · 1968
  4. Gooch v. American Sling Co., Inc.Court of Appeals of Texas · 1995
  5. Houston Sash and Door Co., Inc. v. HeanerTexas Supreme Court · 1979

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3Cited by4 opinions

  1. Playboy Enterprises, Inc. v. Javier Sanchez-CampuzCourt of Appeals for the Fifth Circuit · 2013
  2. Wells Fargo Bank, N.A. F/K/A Wells Fargo Bank Minnesota, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgages Pass-Through Certificates, Series 2003-PMI v. MBS - the Hills, Ltd., 3101 W. Normandale, L.L.C., Michael B. Smuck, and Edwin A. White, Texas Court of Appeals, 2nd District (Fort Worth)2011
  3. Wells Fargo Bank, N.A. F/K/A Wells Fargo Bank Minnesota, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgages Pass-Through Certificates, Series 2003-PMI v. MBS - the Hills, Ltd., 3101 W. Normandale, L.L.C., Michael B. Smuck, and Edwin A. White, Texas Court of Appeals, 2nd District (Fort Worth)2011
  4. Wells Fargo Bank, N.A. F/K/A Wells Fargo Bank Minnesota, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgages Pass-Through Certificates, Series 2003-PMI v. MBS - the Hills, Ltd., 3101 W. Normandale, L.L.C., Michael B. Smuck, and Edwin A. White, Texas Court of Appeals, 2nd District (Fort Worth)2013

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