Helton v. JASPER BANKING CO.

BARNES, Presiding Judge.

Jasper Banking Company sued Shepard Helton for breach of a personal guaranty. Helton answered and raised the affirmative defense of lack of consideration. The bank moved for summary judgment, and the trial court granted the motion. On appeal, the central issue is whether Helton was entitled to introduce parol testimony that the wrong date of execution had been typed on the guaranty We conclude that parol testimony was admissible and created a genuine issue of material fact over whether the guaranty was executed after the bank had already extended credit to the…