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SAGE STREET ASSOCIATES v. NORTHDALE CONST. CO.

No. D-1349.

863 S.W.2d 438 (1993)

SAGE STREET ASSOCIATES, 3525 Sage Street Associates, and Marvin B. Myers, Petitioners, v. NORTHDALE CONSTRUCTION COMPANY, Robert B. Evans, and Federal Insurance Company, Respondents.

Supreme Court of Texas.

Dissenting Opinion November 24, 1993.

Rehearing Overruled November 24, 1993.

Attorney(s) appearing for the Case

David T. Harvin, Betty R. Owens, Scott Burdine, Gregory Neill Jones, Houston, for petitioners.

Michael C. Gridley, Geoffrey H. Bracken, Maxwell Evans, William Coats, Richard F. Greenleaf, W. James Kronzer, Jr., Leslie C. Taylor, David M. Gunn, Yocel Alonso, Houston, for respondents.

Dissenting Opinion of Justice Hecht November 24, 1993.

OPINION

DOGGETT, Justice.

This construction contract dispute involves multiple issues regarding damages under the agreement and whether the anti-usury provision of the Texas Constitution, article XVI, section 11, applies to the rate of judicially ordered prejudgment interest.

I.

In a judgment awarding Northdale Construction Company damages against Sage Street Associates arising...

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