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GARRETT v. WHALEN

No. B-2662.

470 S.W.2d 632 (1971)

L. R. GARRETT et al., Petitioners, v. W. D. WHALEN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 6, 1971.

Attorney(s) appearing for the Case

Graves, Dougherty, Gee, Hearon, Moody & Garwood, William L. Garwood, Austin, Jim S. Phelps, Houston, for petitioners.

Fulbright, Crooker, Freeman, Bates & Jaworski, B. J. Bradshaw and Larry D. Knippa, Kelley, Looney, McLean & Alexander, Travis Hiester and Ralph L. Alexander, Edinburg, William H. Scott, Jr., Houston, for respondents.

PER CURIAM.

The application for writ of error is "refused, no reversible error."

One part of the trial court's judgment awarded Garrett a recovery from Whalen of $54,998.60, that sum representing double the amount collected and credited as interest on a note for $100,000.00 executed by Garrett and held by Whalen or by Acme Finance Company which was wholly owned by Whalen.

The court of civil appeals found that the sum of $27,499.30 so collected and...

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