HORN v. TULLER

No. 16502.

524 S.W.2d 597 (1975)

Finley H. HORN et al., Appellants, v. Charles D. TULLER, Jr., Nominee of the Trustees of Cousins Mortgage and Equity Investments, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

May 29, 1975.


Attorney(s) appearing for the Case

Leo A. Kissner, Houston, for appellant.

Fulbright & Jaworski, James C. Slaughter, D. J. Baker, Houston, for appellee.


PEDEN, Justice.

Defendants appeal from the granting of a summary judgment in favor of plaintiff in a suit on a guaranty contract.

Defendants executed an agreement guaranteeing payment of a promissory note made payable to plaintiff by Villa Milagro, Inc., which company is not a party to this suit. The guaranty contract was executed separate and apart from the promissory note. The defendants unconditionally guaranteed the full and prompt payment when due, whether...

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