McCARTY v. CITICORP ACCEPTANCE CO., INC.

No. 01-87-00796-CV.

752 S.W.2d 206 (1988)

Alton Ray McCARTY, et ux, Appellants, v. CITICORP ACCEPTANCE CO., INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 23, 1988.


Attorney(s) appearing for the Case

Kenneth C. Kaye, Houston, for appellants.

Robert G. Devlin, Sally S. Andrews, Devlin, Naylor & Walker, Houston, P. Michael Jung, Strasburger & Price, Dallas, for appellee.

Before WARREN, DUGGAN and LEVY, JJ.


OPINION

LEVY, Justice.

The McCartys appeal from a summary judgment against them in their action for statutory penalties against Citicorp Acceptance Co., Inc. ("Citicorp"), pursuant to Tex. Rev.Civ.Stat.Ann. art. 5069-7.07(3) (Vernon 1987).

The McCartys purchased a vehicle from Gulf Freeway Toyota, Inc., and financed the purchase through Citicorp. The motor vehicle installment purchase contract contained the following language:

On any default...

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