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FARMERS & MERCHANTS STATE BANK v. REECE

No. 11-01-00345-CV.

79 S.W.3d 615 (2002)

FARMERS & MERCHANTS STATE BANK OF KRUM, Appellant, v. REECE SUPPLY COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled August 1, 2002.

Attorney(s) appearing for the Case

Donald Mills, Coleman & Mills, P.C., Grapevine, for appellant.

Carlyle Chapman, Locke, Liddell & Sapp, Dallas, for appellee.

Panel consists of WRIGHT, J., McCALL, J., and McCLOUD, S.J.

Opinion

AUSTIN McCLOUD, Senior Justice.

The issue in this summary judgment case is whether the guaranty agreement is an unconditional payment guaranty or a collateral conditional guaranty. Reece Supply Company (Reece) sued Farmers & Merchants State Bank of Krum (Farmers) on a guaranty agreement signed by Farmers. The trial court granted Reece's motion for summary judgment. Farmers appeals. We affirm.

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