Inpetco, Inc. v. Texas American Bank/Houston N.A.

OPINION ON APPLICATION FOR WRIT OF ERROR

This is an appeal from a summary judgment. Texas American Bank sued Inpetco, Inc., H. Brennan, Inc. and Henry Brennan 1 on a promissory note. In defense, Inpetco alleged that the note sued upon was executed in violation of a prior controlling agreement which was the governing instrument for all of Inpetco’s borrowings from the bank. The bank moved for summary judgment asserting alternatively that the prior agreement did not apply to the note in question and, in the event that the agreement applied, that the bank complied with its terms. The trial court…