McROBERTS v. TESORO SAV. & LOAN ASS'N

No. 04-87-00659-CV.

781 S.W.2d 705 (1989)

C.M. McROBERTS, et al., Appellants, v. TESORO SAVINGS & LOAN ASSOCIATION, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied January 3, 1990.


Attorney(s) appearing for the Case

Terrence J. Martin, Martin, Stolle & Oyervides, San Antonio, Dorothy L. Nichols, Office of Gen. Counsel, Washington, D.C., for appellants.

Gerald T. Drought, Bennett L. Stahl, Cynthia F. Malone, Martin & Drought, San Antonio, Todd Hunter, Kleberg & Head, Corpus Christi, for appellee.

Before BUTTS, REEVES and CHAPA, JJ.


OPINION

REEVES, Justice.

This is an appeal from a partial summary judgment suit.1 The trial court severed and finalized a portion of the suit in which the court found the guarantors of a note liable for payment and denied them the right to assert the defense of usury.

In 1984, the Gold Park Development Partnership, a Texas general partnership, through its general partners, borrowed $5.1 million from Tesoro Savings and...

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