RABINOWITZ v. CADLE CO. II, INC.

No. 05-97-00160-CV.

993 S.W.2d 796 (1999)

Cyril J. RABINOWITZ, Appellant, v. The CADLE COMPANY II, INC., Appellee.

Court of Appeals of Texas, Dallas.

May 11, 1999.


Attorney(s) appearing for the Case

Kenneth E. Horn, K.E. Horn & Associates, Dallas, for appellant.

Randall K. Lindley, Beverly A. Whitley, Bell, Nunnally & Martin, PLLC, Dallas, for appellee.

Before Justices KINKEADE, BRIDGES, and ROACH.


OPINION

JOHN R. ROACH, Justice.

In this deficiency suit, Cyril J. Rabinowitz appeals the judgment granted in favor of The Cadle Company II, Inc. (Cadle) following a bench trial. Cadle sued Rabinowitz to recover the deficiency due after the sale of collateral securing a promissory note guaranteed by Rabinowitz. In two points of error, Rabinowitz contends the trial court erred in granting judgment for Cadle because (1) the waiver provisions of the guaranty...

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