Charles R. Tips Family Trust, Hazel W. Tips Family Trust and Charles T. Watkins v. PB Commercial LLC

OPINION

Michael Massengale, Justice

The parties to this appeal entered into a residential loan agreement and guaranty for the principal amount of “ONE MILLION SEVEN THOUSAND AND NO/ 100 ($1,700,000.00) DOLLARS.” The loan documentation thus identified the amount of the loan in two different ways, with one number favoring .the borrower — one million seven thousand — written out in words and a larger number favoring the bank— $1,700,000 — set out in numerals. The bank alleged a default on the loan, and litigation ensued. The parties filed competing motions for summary judgment, and the trial court…