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GUTIERREZ v. MBANK THE WOODLANDS, N.A.

No. 09-88-079-CV.

761 S.W.2d 853 (1988)

Luden A. GUTIERREZ, M.D., Appellant, v. MBANK THE WOODLANDS, N.A., Appellee.

Court of Appeals of Texas, Beaumont.

December 1, 1988.

Attorney(s) appearing for the Case

James A. Dunn, Houston, for appellant.

Lionel M. Schooler, Anne L. Uhrbrock, Houston, for appellee.

OPINION

BURGESS, Justice.

This is a summary judgment case involving a guaranty agreement. We reverse.

In December 1983, Luden A. Gutierrez, M.D. and Earl Prather as trustees, executed a real estate lien note to the Woodlands National Bank in the sum of $91,500. Both Gutierrez and Prather then executed a personal guaranty. The purpose of the note and the guaranty was to provide the City of Shenendoah, Texas with an irrevocable letter of credit. This...

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