[Download] "Ernest F. Simpson v. Mbank Dallas" by Seventh District, Amarillo Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Ernest F. Simpson v. Mbank Dallas
- Author : Seventh District, Amarillo Court of Appeals of Texas
- Release Date : January 09, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Ernest F. Simpson appeals from a summary judgment granted in favor of Mercantile National Bank at Dallas (MBank). In eight points of error Simpson asserts that the trial court erred in granting summary judgment: (1) because there was a fact issue regarding appellants counterclaim for impairment of collateral; (2) because appellant presented evidence to raise an issue of fact regarding impairment of collateral; (3) because there was a fact issue as to whether the failure of MBank to obtain a landlords waiver discharged the appellant from his guaranty; (4) because the appellant presented evidence to raise an issue of fact as to whether appellant received consideration from appellee at the time of execution of the guaranty; (5) because appellant presented evidence to raise an issue of fact concerning the affirmative defense of estoppel; (6) because there was a fact issue as to whether MBank had committed a deceptive trade practice under the Texas Deceptive Trade Practices Act; (7) because there was a fact issue as to whether MBank committed fraud as part of a scheme to force appellant to sign the guaranty at closing; and (8) because there was a fact issue as to whether appellant was under duress at the time of the execution of the guaranty. In his ninth point of error, Simpson contends that the trial court erred in awarding attorneys fees because appellee failed to present summary-judgment evidence that the amount of attorneys fees it claimed was reasonable. Finally, in his tenth point of error, Simpson contends that the trial court erred in granting summary judgment because there was a fact issue regarding failure to notify the guarantor of the repossession and sale of secured property. We disagree with Simpsons points of error one through eight and point of error ten. We agree with Simpsons ninth point of error. Therefore, we reverse the trial courts judgment awarding attorneys fees to MBank and sever and remand MBanks claim for attorneys fees. In all other respects the trial courts judgment in favor of MBank is affirmed.