Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.
Tex. Bus. & Com. Code § 3.117
OTHER AGREEMENTS AFFECTING INSTRUMENT
Known as the Uniform Commercial Code
The act spans §§ 1–12 (616 sections).
Applied in 3 court decisions — leading case Guniganti v. Kalvakuntla (2011)
Most recently applied in In re Stout (June 2012)
Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.