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JIM WALTER HOMES, INC. v. SMITH

No. 8358.

592 S.W.2d 670 (1979)

JIM WALTER HOMES, INC., Appellant, v. Richard P. SMITH et ux., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied January 10, 1980.

Attorney(s) appearing for the Case

Gary R. Gurwitz, McAllen, for appellant.

Robert E. Hughes, Buna, for appellees.

DIES, Chief Justice.

Richard P. Smith and Rebecca E. Smith, as plaintiffs below, sued Jim Walter Homes, Inc., defendant below, for usury, condemned by Tex.Rev.Civ.Stat.Ann. art. 5069-1.02 (Vernon 1971) and for various violations of the Texas Consumer Credit Code—Articles 5069-6.02(2); 5069-6.06 (Vernon 1971) (taking a first lien on the property and misnaming the agreement). The parties entered...

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