Personal Guarantee by Signing Multi-Purpose Credit Corporate Application
In Hardwoods, Inc. v. Vanden Berghe, 917 S.W.2d 320 (Tex. App.--El Paso 1995, writ denied), the court found that a multi-purpose credit application clearly evidenced a corporate application personally guaranteed by the individual signing the application. See id. at 323.
The exact language accomplishing this feat appeared immediately above the signature line, and stated: "If a corporation, the undersigned personally guarantees the payment of this account in his individual capacity." Id.
Key words in the Austin Hardwoods credit application are the words "guaranty" and "individual capacity."
Moreover, this sentence unambiguously distinguishes the corporation from the guarantor. See also Eubank v. First Nat'l Bank of Bellville, 814 S.W.2d 130, 133 (Tex. App.-Corpus Christi 1991, no writ)(language of guaranty agreement clearly established borrower, creditor, and guarantor, in his personal capacity).