CHILDS v. TAYLOR COTTON OIL CO.

No. 1409.

612 S.W.2d 245 (1981)

Minerva Jean CHILDS, Independent Executrix of the Estate of Robert M. Martindale, Deceased, Appellant, v. TAYLOR COTTON OIL COMPANY, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied March 12, 1981.


Attorney(s) appearing for the Case

Henry C. Kyle, Kyle & Walker, San Marcos, for appellant.

John F. Hamje, III, Milner & Smith, Austin, for appellee.


McKAY, Justice.

This is an appeal from a suit brought by Taylor Cotton Oil Company (Taylor) against the Estate of Robert M. Martindale, deceased (Martindale), on sworn account for goods and materials sold to Martindale. Martindale counterclaimed for alleged balance due on the account, for offset for usurious interest, and to remove cloud from title to certain real estate. Trial was to the court; judgment was rendered for Taylor for $20,489.54, prejudgment interest...

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