Ramon A. Garcia and Bertha E. Garcia - Page 21

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             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 notes                 











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