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TOBIN LANDSCAPE AND CONST. CO. v. BRAMLETT

No. 05-85-00612-CV.

708 S.W.2d 553 (1986)

TOBIN LANDSCAPE AND CONSTRUCTION CO., INC., Appellant, v. James BRAMLETT, Appellee.

Court of Appeals of Texas, Dallas.

March 28, 1986.

Attorney(s) appearing for the Case

Joe B. Abbey, Dallas, for appellant.

Robert C. Elder, Jr., David Surratt, Canterbury, Stuber, Elder & Gooch, Dallas, for appellee.

Before STEPHENS, McCLUNG and McCRAW, JJ.

McCRAW, Justice.

This Court's opinion of February 19, 1986 is withdrawn and this opinion is substituted as the opinion of this Court.

Tobin Landscape and Construction Co., Inc. sued James Bramlett on a sworn account for landscape development completed on Bramlett's property. Bramlett filed a counterclaim alleging the charging of usurious interest by Tobin. The trial court granted Bramlett a directed verdict and found that Tobin had charged usurious interest...

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