# Carbonit Houston, Inc. v. Exchange Bank

> Court of Appeals of Texas · January 7, 1982 · 628 S.W.2d 826

URL: https://www.frixlaw.com/law-library/cases/9760180

## Case

- **Full name:** CARBONIT HOUSTON, INC., Appellant, v. EXCHANGE BANK, Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** January 7, 1982
- **Citations:** 628 S.W.2d 826; 1982 Tex. App. LEXIS 3918
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Junell, Price
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760180

## Opinion text

J. CURTISS BROWN, Chief Justice,
dissenting.
I respectfully dissent.
I agree with much of what is said in the well reasoned opinion of the majority except that in my view the guaranty of September 17, 1978 providing that the “amount of $100,000.00 will be paid to Carbonit by this bank” addressed to Carbonit in Houston, Texas was and should be a sufficient promise of payment in Texas for jurisdictional purposes. I do not believe that the authorities cited relative to place of payment compel a contrary conclusion. The voluntary agreement is sufficient to subject appellee to suit in Texas on behalf of the Texas promisee. Therefore, I would reverse the judgment of the trial court, render judgment overruling the special appearance and remand the case for trial on the merits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760180. Public record. Not legal advice.