Frost National Bank v. Burge

MAJORITY OPINION

LESLIE BROCK YATES, Justice.

This appeal stems from a defaulted real estate loan. The lender, Frost National Bank, appeals from a summary judgment granted in favor of the loan’s surety, Charles E. Burge, on his claims for conversion, breach of contract, and material alteration. The borrowers, H & H Building Interests, Inc., Jack W. Howeth, and Kenneth R. Howard, appeal from a separate summary judgment that was awarded in the Burges’ favor on H & H’s1 counterclaims for breach of contract and contribution. For the reasons set out below, we reverse the trial court’s judgment.

I.…