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AGRISTOR CREDIT CORP. v. DONAHOE

No. 5839.

568 S.W.2d 422 (1978)

AGRISTOR CREDIT CORPORATION, Appellant, v. B. T. DONAHOE and Norma J. Donahoe, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 29, 1978.

Attorney(s) appearing for the Case

Richard M. Roberg, Milwaukee, Wis., William T. Allison, II and Joel B. Sheffield (on Appeal only), Ramsey & Allison, Sulphur Springs, Joseph Robert Riley (on Appeal only), Segrest, Mills, Cameron & Riley, Waco, for appellant.

Mac L. Bennett, Jr., Bennett & Bennett, Normangee, Maurice G. Walton (on Appeal only), Haley, Fulbright, Winniford, Bice & Davis, Waco, for appellees.

OPINION

JAMES, Justice.

This is an appeal from a summary judgment, containing problems concerning usury and the application of Rule 169, Texas Rules of Civil Procedure.

Plaintiff-Appellant Agristor Credit Corporation originally brought this suit against Defendant-Appellees B. T. Donahoe and wife Norma J. Donahoe for $35,244.26 plus attorneys' fees, for alleged default in payment upon two conditional sales contracts involving the sale to the Donahoes...

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