ELLIS v. SECURITY UNDERGROUND STORAGE, INC.

No. 16037.

329 S.W.2d 313 (1959)

W. G. ELLIS et al., Appellants, v. SECURITY UNDERGROUND STORAGE, INC., et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 4, 1959.


Attorney(s) appearing for the Case

Bullington, Humphrey, Humphrey & Fillmore, and Leslie Humphrey, Wichita Falls, Vinson, Elkins, Weems & Searls, and Tarlton Morrow, Houston, and Hart & Hart, and James P. Hart, Austin, for appellant.

Anderson, Latham & Castledine, Wichita Falls, W. St. John Garwood, Austin, and Jones, Parish & Fillmore, R. Larry Robinson and Elmer H. Parish, Wichita Falls, for appellee.


MASSEY, Chief Justice.

The appeal before us is from an order of the trial court overruling the pleas of privilege of the defendants issued below. The suit is one for the statutory penalty provided in instances where interest in excess of 10% per annum is exacted as applied to payments heretofore paid, and to cancel contractual provisions relative to usurious interest which has not yet been paid.

Judgment is affirmed.

We will refer to the parties by...

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