F. R. HERNANDEZ CONST. & SUPPLY CO., INC. v. NAT. BK. OF COMMERCE OF BROWNSVILLE

No. B-7635.

578 S.W.2d 675 (1979)

F. R. HERNANDEZ CONSTRUCTION & SUPPLY COMPANY, INC. et al., v. NATIONAL BANK OF COMMERCE OF BROWNSVILLE, Respondent.

Supreme Court of Texas.

Rehearing Denied April 18, 1979.


Attorney(s) appearing for the Case

Bonner & Bonner, William L. Hubbard and Curtis Bonner, Harlingen, for petitioners.

Franklin T. Graham, Jr., Brownsville, for respondent.


DENTON, Justice.

This is a suit to collect principal, interest and attorney's fees on a promissory note. The sole issue here concerns an award of attorney's fees based upon a fixed percentage of the principal and interest due on the note. Specifically, the issue is whether an omitted, unrequested finding that the contractual fee is unreasonable will be supplied by presumption in support of the trial court judgment, if the trial court expressly finds that a lesser...

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