MOAYEDI v. INTERSTATE 35/CHISAM ROAD, L.P.

No. 12-0937.

438 S.W.3d 1 (2014)

Mehrdad MOAYEDI, Petitioner, v. INTERSTATE 35/CHISAM ROAD, L.P. and Malachi Development Corporation, Respondents.

Supreme Court of Texas.

Delivered June 13, 2014.

Rehearing Denied August 22, 2014.


Attorney(s) appearing for the Case

Robert H. Holmes , The Holmes Law Firm, Dallas, TX, Alexander N. Beard , Saunders, Walsh & Beard, PLLC, McKinney, TX, for Amicus Curiae.

C. Gregory Shamoun , Jonathan J. Cunningham , Shamoun & Norman, LLP, Dallas, TX, Dana Livingston , Alexander Dubose Jefferson & Townsend LLP, Austin, TX, for Petitioner Mehrdad Moayedi.

Fred Colin Durham , Key Harrington Barnes PC, Dallas, TX, for Respondent Interstate 35/Chisam Rd. L.P.


Justice WILLETT delivered the opinion of the Court.

This dispute asks whether a party waives the statutory right of offset under section 51.003(c) of the Property Code by agreeing to a general waiver of defenses in a guaranty agreement. The court of appeals answered yes, holding that section 51.003 creates an affirmative defense and that the guaranty agreement waives all possible defenses against liability, including the offset provision at issue here. We affirm....

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