Tyra v. Bob Carroll Construction Co.

GREENHILL, Chief Justice.

This was a suit by Bob Carroll Construction Company [Carroll] against C. L. Tyra for construction done by Carroll for Tyra. The action was on an open account. Tyra brought a counterclaim for usury “charged” by Carroll. 1 Carroll denied that interest was charged, and offered as a defense any “charges” of interest were the result of an accidental and bona fide error.

As the case reaches us, only the usury problem is involved. Trial was to the court without a jury. Judgment was for Carroll. Tyra’s usury claim was denied. No findings of fact or conclusions of law were…