Lafferty v. A. E. M. Developers & Builders Co.

ON MOTION FOR REHEARING.

Appellant asserts on motion for rehearing that we erred in affirming the judgment of the trial court which provided for forfeiture of the principal sum of the note since the interest charged was in excess of double the amount of interest allowed 1 because Article 1302-2.09, Tex.Rev.Civ.Stat. Ann. (Supp.1972), prohibits the claim or defense of usury to be made by a corporation if a rate of interest not to exceed one *283and one-half per cent (1½%) per month was agreed to by said corporation. Such assignment of error is not briefed.

This contention was not raised in the trial…