REED v. FIRST NAT. BANK IN DALLAS

No. 05-81-01273-CV.

645 S.W.2d 843 (1982)

Pat REED, Appellant, v. FIRST NATIONAL BANK IN DALLAS, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied December 21, 1982.


Attorney(s) appearing for the Case

Randall Reed, Dallas, for appellant.

Thomas E. Kurth, Dallas, for appellee.

Before GUITTARD, C.J., and AKIN and STEPHENS, JJ.


GUITTARD, Chief Justice.

In this suit on a note and guaranty contract, the trial court rendered summary judgment for the bank and only the guarantor appeals. We affirm on the ground that the summary-judgment proof fails to raise a fact issue on the guarantor's affirmative defenses of lack of consideration, failure of consideration, and fraud.

In response to the Motion for Summary Judgment the guarantor filed an affidavit admitting that he signed the guaranty...

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