Preston Farm & Ranch Supply, Inc. v. Bio-Zyme Enterprises
Court of Appeals of Texas
1Opinion of the Court
CARVER, Judge.
Preston Farm & Ranch Supply, Inc. and Ken Vanderhoof appeal from a judgment rendered in favor of Bio-Zyme Enterprises in a suit on a sworn account. We affirm on the grounds (1) that under Section 2.207 of the Texas Business and Commerce Code a seller’s additional terms included in monthly statements imposing a service charge become a part of the contract of the parties unless the buyer objects within a reasonable time; (2) that since the service charge rate printed on monthly statements to Vander-hoof was greater than, but not double, the then highest lawful rate, Bio-Zyme was…
2Cases cited7 opinions
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
- Pace Corporation v. JacksonTexas Supreme Court · 1955
- Bell Oil & Gas Co. v. Allied Chemical Corp.Texas Supreme Court · 1968
- Hanson Southwest Corp. v. Dal-Mac Construction Co.Court of Appeals of Texas · 1977
- Tigrett v. PointerCourt of Appeals of Texas · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lucas v. Texas Industries, Inc.Texas Supreme Court · 1984
- Preston Farm & Ranch Supply, Inc. v. Bio-Zyme EnterprisesTexas Supreme Court · 1981
- Permian Petroleum Co. v. Petroleos MexicanosCourt of Appeals for the Fifth Circuit · 1991
- Industrial Disposal Supply Co. v. Perryman Bros. Trash Service, Inc., Texas Court of Appeals, 4th District (San Antonio)1983
- Hardwick v. Austin Gallery of Oriental Rugs, Inc.Court of Appeals of Texas · 1989
11 more not listed; retrieve them via the Exa API.