- 21 - date of the 1986 Act. Petitioners cite no authority for that proposition. Nevertheless, we find it unnecessary to decide whether State law controls under these circumstances because each of the cases petitioners cite is distinguishable. Each of the State cases involves overt conduct between two distinct parties to a contract clearly evidencing mutual intent to change or alter the terms of the contract. See Goodyear Tire & Rubber Co. v. Portilla, 879 S.W.2d 47 (Tex. 1994) (employer's failure to enforce antinepotism policy for approximately 17 years); Highpoint of Montgomery Corp. v. Vail, 638 S.W.2d 624 (Tex. App. 1982) (lender's regular acceptance of late payments on a note for approximately 11 years); Wendlandt v. Sommers Drug Stores Co., 551 S.W.2d 488 (Tex. Civ. App. 1977) (landlord's failure to object to late payments over a period of 1� to 2 years). In contrast, the parties to the notes in this case did not engage in any conduct evidencing an intent to renew, renegotiate, modify, or extend the terms of the notes. As noted above, we are unable to find that petitioner was even aware of the provisions in the notesPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011