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TYRA v. BOB CARROLL CONSTRUCTION CO.

No. C-659.

639 S.W.2d 690 (1982)

C. L. TYRA, Petitioner, v. BOB CARROLL CONSTRUCTION COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied October 29, 1982.

Attorney(s) appearing for the Case

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

Bobo & Pipes, J. A. Bobo, Odessa, for respondent.

GREENHILL, Chief Justice.

This was a suit by Bob Carroll Construction Company [Carroll] against C. L. Tyra for construction done by Carroll for Tyra. The action was on an open account. Tyra brought a counterclaim for usury "charged" by Carroll.1 Carroll denied that interest was charged, and offered as a defense any "charges" of interest were the result of an accidental and bona fide error.<...

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