Panasonic Company, Division of Matsushita Electric Corp. Of America, Individually and as Successor to Panasonic West, Inc. v. Julius Zinn

REAVLEY, Circuit Judge:

Appellant Panasonic Company (“Panasonic”) brought this claim to recover on a continuing guaranty executed by appellee Julius Zinn. The district court denied Panasonic’s motion for summary judgment and granted Zinn’s cross motion for summary judgment on the grounds that the guaranty was void as a violation of the Texas Constitution and that Panasonic had repudiated the guaranty. There being no genuine issue of material fact and Panasonic being entitled to judgment as a matter of law, we reverse and render as to liability and remand the case for a determination of damages.