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DENTON v. WARE

No. 5991.

228 S.W.2d 867 (1949)

DENTON v. WARE.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 6, 1950.

Attorney(s) appearing for the Case

Wm. H. Hall, Dallas, for appellant.

Ed. C. Stearns, Dallas, for appellee.

Will R. Wilson, Jr., Dallas, amicus curiae.

LUMPKIN, Justice.

This suit seeks the recovery of an alleged payment of usurious interest. Appellant, O. R. Denton, filed the suit against the appellee, V. L. Ware, asking for a recovery of $216 or twice the amount of the alleged usurious interest. The case was submitted to the trial court on an agreed statement of facts which in substance reveals the following circumstances:

The appellee is in the loan business. On January 15, 1948, the appellant applied...

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