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TYRA v. BOB CARROLL CONST. CO.

No. 7094.

618 S.W.2d 853 (1981)

C. L. TYRA, Appellant, v. BOB CARROLL CONSTRUCTION CO., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Leeton & Leeton, James R. Leeton, Jr., Midland, for appellant.

Bobo & Pipes, J. A. (Jim) Bobo, Odessa, for appellee.

OPINION

OSBORN, Justice.

This case involves the question of whether usurious interest was "charged" on an account for services rendered. The trial Court found such interest was not charged and allowed recovery on the account and for attorney's fees and denied the counterclaim for penalties allowed by the usury statute. We affirm.

Bob Carroll Construction Company performed services for C. L. Tyra in April, May and June, 1978. The total charges as...

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