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WALKER v. ROSS

No. 17779.

548 S.W.2d 447 (1977)

Alvin B. WALKER, Appellant, v. Elwood ROSS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 25, 1977.

Attorney(s) appearing for the Case

Robert O'Donnell, Dallas, for appellant.

Berman, Fichter & Mitchell, and Harold B. Berman and W. W. Mitchell, II, Dallas, for appellee.

OPINION

SPURLOCK, Justice.

This is a usury case. Elwood Ross loaned Alvin B. Walker $50,000.00. Walker signed a note for $55,000.00 dated May 26, 1972, and due November 24, 1972. Ross sued on the note. Walker defended in part on the grounds that the difference of $5,000.00 represented usurious interest. The jury found, based on the court's instructions, that the disputed $5,000.00 was a charge made by Ross for...

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