Legal Opinion

Preston Farm & Ranch Supply, Inc. v. Bio-Zyme Enterprises

Court of Appeals of Texas

Decided March 10, 1981No. 20469PublishedCited by 16 opinions

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

  1. Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
  2. Pace Corporation v. JacksonTexas Supreme Court · 1955
  3. Bell Oil & Gas Co. v. Allied Chemical Corp.Texas Supreme Court · 1968
  4. Hanson Southwest Corp. v. Dal-Mac Construction Co.Court of Appeals of Texas · 1977
  5. Tigrett v. PointerCourt of Appeals of Texas · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Lucas v. Texas Industries, Inc.Texas Supreme Court · 1984
  2. Preston Farm & Ranch Supply, Inc. v. Bio-Zyme EnterprisesTexas Supreme Court · 1981
  3. Permian Petroleum Co. v. Petroleos MexicanosCourt of Appeals for the Fifth Circuit · 1991
  4. Industrial Disposal Supply Co. v. Perryman Bros. Trash Service, Inc., Texas Court of Appeals, 4th District (San Antonio)1983
  5. Hardwick v. Austin Gallery of Oriental Rugs, Inc.Court of Appeals of Texas · 1989

11 more not listed; retrieve them via the Exa API.

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