84 Lumber Company, L.P. v. David Powers

OPINION

JIM SHARP, Justice.

This appeal is from the grant and denial of cross-motions for summary judgment in a contract case. 84 Lumber contends that David Powers is liable as a matter of law in his capacity as personal guarantor for the debt of David Powers Homes, Inc. We reverse and render.

Background

David Powers Homes, Inc. applied for credit with 84 Lumber by filling out a written credit application form. The copy of the application form in evidence before the trial court was partially cut off and partially illegible. Above the signature line, however, was a paragraph in capital letters…