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UNIVERSITY OF TEXAS HEALTH v. BIG TRAIN CARET OF EL CAMPO INC.

No. C-6437.

739 S.W.2d 792 (1987)

UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON, Petitioner, v. BIG TRAIN CARPET OF EL CAMPO, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied December 16, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Carey E. Smith and Patrick J. Feeney, Ass't Atty. Gen., Austin, for petitioner.

Randall D. Wilkins and Elton Brownshadel, Nelson & Brownshadel, Houston, for respondent.

PER CURIAM.

This is a summary judgment case. Big Train Carpet of El Campo sued the University of Texas Health Science Center for payment under its carpeting contract. The University counterclaimed for usury based on two late charges of 1.5 percent per month. As a usury defense, Big Train claimed that the charges were added as the result of a bona fide error by its president. Both parties moved for summary judgment. The trial court granted summary judgment for Big...

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