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FREEMAN v. HERNANDEZ

No. 18549.

521 S.W.2d 108 (1975)

Cumby E. FREEMAN et al., Appellants, v. Rudolph HERNANDEZ and Vicki Hernandez, Appellees.

Court of Civil Appeals of Texas, Dallas.

March 13, 1975.

Attorney(s) appearing for the Case

Wm. Andress, Jr., Andress, Woodgate & Lodewick, Dallas, for appellants.

R. Jack Ayres, Jr., Kelsoe & Paternostro, Dallas, for appellees.

CLAUDE WILLIAMS, Chief Justice.

Vicki Hernandez sued C. E. Freeman and C. C. Freeman, seeking to recover the balance due on a promissory note. The Freemans answered and also filed a crossaction in which they asserted that the promissory note required the payment of usurious interest contrary to Vernon's Tex.Rev.Civ.Stat.Ann. art. 5069-1.02 (Vernon 1971) and was, therefore, void. They sought judgment for the penalties and attorney fees provided by Tex.Rev.Civ.Stat...

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