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PRESTON FARM & RANCH SUPPLY v. BIO-ZYME ENT.

No. C-379.

625 S.W.2d 295 (1981)

PRESTON FARM & RANCH SUPPLY, INC., et al., Petitioners, v. BIO-ZYME ENTERPRISES, Respondents.

Supreme Court of Texas.

Rehearing Denied January 6, 1982.

Attorney(s) appearing for the Case

Nance, Caston & Nall, David Stagner, Denison, for petitioners.

The Fiedler Firm, Donald A. Muncy, Richardson, The Carlton Firm, Ron V. Berkowitz, Dallas, for respondents.

SPEARS, Justice.

This is a suit initiated by Bio-Zyme Enterprises against Ken Vanderhoof and Preston Farm & Ranch Supply, Inc. on a sworn account to collect a debt. The defendants counter claimed, alleging usury. The primary issue before the court is whether the evidence supported a finding that Preston Farm and its owner, Ken Vanderhoof, agreed to pay interest on the account. The trial court found that such an agreement existed and rendered judgment for the plaintiff...

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