GEORGE A. FULLER CO. v. CARPET SERVICES, INC.

No. D-0791.

823 S.W.2d 603 (1992)

GEORGE A. FULLER COMPANY OF TEXAS, INC., Petitioner, v. CARPET SERVICES, INC., Respondent.

Supreme Court of Texas.

January 29, 1992.


Attorney(s) appearing for the Case

Luke Madole, Dallas, John C. Hayes, Jr., Washington, D.C., for petitioner.

Robert E. Hager, David M. Berman, Dallas, for respondent.


OPINION

COOK, Justice.

This case presents the question whether a pleading containing a claim for usurious interest is a document which may charge interest for purposes of imposing usury penalties. We hold that a pleading asserting a claim for prejudgment interest for a period when no interest is due does not constitute a "charge" of usurious interest for purposes of the Texas usury statute.

Carpet Services, Inc. was a sub-contractor of the George...

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