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CURE v. SUSSMAN

No. B14-89-00968-CV.

795 S.W.2d 804 (1990)

R. Wray CURE and Winthrop D. Thies, Appellants, v. Brandon O. SUSSMAN and Thomas L. Werst, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied August 2, 1990.

Attorney(s) appearing for the Case

W.D. Thies, Maplewood, N.J., pro se.

Jeffrey R. Singer, Houston, for appellees.

Before ROBERTSON, SEARS and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

In this suit alleging fraud, the defendant, appellant Winthrop Drake Thies (a New Hampshire attorney), contends the transaction at issue is unenforceable because it violates Texas usury laws, although he admits that he drafted the allegedly "usurious" terms. Plaintiffs, appellees Brandon O. Sussman and Thomas L. Werst, respond that appellant's usury defense does not apply because they brought suit under the Texas Securities Act...

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