Home/Court of Appeals of Texas/Mentesana v. Fabricators International, Inc.

Mentesana v. Fabricators International, Inc.

599 S.W.2d 694, 1980 Tex. App. LEXIS 3226
CourtCourt of Appeals of Texas
DecidedMarch 27, 1980
DocketNo. 20143
StatusPublished

This text of 599 S.W.2d 694 (Mentesana v. Fabricators International, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mentesana v. Fabricators International, Inc., 599 S.W.2d 694, 1980 Tex. App. LEXIS 3226 (Tex. Ct. App. 1980).

Opinions

CARVER, Justice.

Phillip Mentesana, one of the defendants in the trial court, appeals from a summary judgment rendered against him and in favor of Fabricators International, Inc. on a promissory note. We find that the summary judgment proof presented fact issues as to whether Fabricators induced Mentesana to sign the note in blank and whether Fabricators thereafter completed the blank note strictly in accordance with Mentesa-na’s authorization. Consequently, we reverse and remand.

The background facts are not in dispute. Fabricators was a supplier of equipment of all kinds suitable and necessary for the operation of a public restaurant. P.J.M. was a corporation operating two of these public restaurants and Phillip Mentesana was P.J.M.’s president. Negotiations between the two corporations led to a sale of equipment and credit extension by Fabricators to P.J.M. In addition to the obligation and security instruments in favor of Fabricators by the purchaser corporation P.J.M., Fabricators took the note in question. In the present suit, Fabiicators sought to recover from P.J.M. on its account and to recover from Mentesana on the note in issue. With all parties before the trial court, Fabricators filed its motion for summary judgment supported by the affidavit of its credit manager as to the facts of liability of both P.J.M. and Mente-sana. For clarity we reproduce the vital portions of such affidavit:

2. Fabricators and P.J.M., Inc., Individually, and d/b/a El Toro Restaurant and d/b/a El Presidente (hereinafter collectively referred to as “P.J.M.”) entered [696]*696into a Security Agreement (the “Agreement”) on November 3, 1977, pursuant to which Fabricators during the month of April, 1978, at the express request of P.J.M. furnished materials and rendered services to P.J.M. Fabricators presented its claim for payment to P.J.M. as set out in Plaintiff’s Original Petition, attached hereto as Exhibit “A” and incorporated herein as if copied verbatim. Fabricators’ claim is a liquidated money demand based upon the business dealings between the parties.
3. Although Fabricators has often requested P.J.M. to satisfy this obligation, P.J.M. has failed to pay and refused to perform its obligations pursuant to the Agreement. After all credits and offsets, the claim is past due and owing in the amount of $12,969.42, which represents the reasonable value of the materials furnished and services rendered to P.J.M., and is the sum which P.J.M. agreed to pay for these materials.
4. Defendant Phillip Mentesana (“Mentesana”), as the result of the negotiations between Fabricators and P.J.M. concerning the above-described indebtedness, agreed to and did execute and deliver to Fabricators a promissory note wherein Mentesana promised to pay to the order of Fabricators the sum of $14,-831.63, together with interest at the rate of ten percent (10%) per annum. However, Mentesana has continually refused to perform his obligations under the note. After all credits and offsets, the balance past due and owing to Fabricators under the note is $12,759.43, together with interest at the rate of ten percent (10%) per annum from April 14, 1978.

The note in issue was an exhibit to the affidavit and is reproduced here:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Southern Oxygen Supply Company v. De Golian
197 S.E.2d 374 (Supreme Court of Georgia, 1973)
Bostwick Banking Co. v. Arnold
178 S.E.2d 890 (Supreme Court of Georgia, 1970)
Duncan v. Horning
587 S.W.2d 471 (Court of Appeals of Texas, 1979)
Seale v. Nichols
505 S.W.2d 251 (Texas Supreme Court, 1974)
Combs v. Fantastic Homes, Inc.
584 S.W.2d 340 (Court of Appeals of Texas, 1979)
Griffin v. Ellinger
538 S.W.2d 97 (Texas Supreme Court, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
599 S.W.2d 694, 1980 Tex. App. LEXIS 3226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mentesana-v-fabricators-international-inc-texapp-1980.