ARGUELLES v. KAPLAN

No. 13-86-374-CV.

736 S.W.2d 782 (1987)

Sergio ARGUELLES, Appellant, v. Leonard S. KAPLAN, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied August 28, 1987.


Attorney(s) appearing for the Case

Joel William Ellis, Harlingen, for appellant.

Ted Campagnolo, Brownsville, for appellee.

Before NYE, C.J., and DORSEY and KENNEDY, JJ.


OPINION

DORSEY, Justice.

This appeal is from a suit on a note to which the defense of usury was asserted. The trial court after trial without a jury, entered judgment against appellant/maker on the note after deducting a penalty for usury. Both parties filed motions for new trial and appeal from the judgment. Appellant relies on a tender of a deed to reduce his liability to appellee. We affirm in part and reverse and remand in part.

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