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TUBELITE v. RISICA & SONS, INC.

No. D-0370.

819 S.W.2d 801 (1991)

TUBELITE, a DIVISION OF INDAL, INC., Petitioner, v. RISICA & SONS, INC., Respondent.

Supreme Court of Texas.

December 11, 1991.

Attorney(s) appearing for the Case

Robert McLeaish, McAllen, for petitioner.

Sidney R. Meadows, Frank J. Enriquez, McAllen, for respondent.

OPINION

CORNYN, Justice.

At issue is whether an agreement to pay interest arose under the Uniform Commercial Code because of a course of dealing between two merchants. Finding that the parties' course of dealing established an implied agreement to pay interest, the trial court rendered judgment for Tubelite, a Division of Indal, Inc. ("Tubelite") and dismissed the counterclaim of Risica & Sons, Inc. ("Risica") for penalties under the usury statute. TEX...

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