Taylor v. Esco Elevators, Inc.

OPINION

HUGHES, Justice.

R.B. Taylor, individually and Gulf Oxygen Company, a corporation, have appealed the trial court order which overruled their plea of privilege. Esco Elevators, Incorporated, had sued them both to recover money due for goods and services sold on the account of ABC Elevators, Incorporated, alleging Taylor and Gulf to be guarantors of the ABC account. ABC was bankrupt when the suit was filed. Esco’s controverting plea was based on Tex.Rev.Civ.Stat. Ann. art. 1995, subd. 5(a) (1980).

We affirm.

We have to decide whether the letter of Taylor, President of Gulf written to “W.L.…