Legal Opinion

Hoxie Implement Co., Inc. v. Baker

Texas Court of Appeals, 7th District (Amarillo)

Decided October 23, 2001No. 07-00-0175-CVPublished

1Opinion

ON SECOND MOTION FOR REHEARING

Pending before the court is the second motion for rehearing filed by Jim Baker, individually and d/b/a Baker Harvesting. Several issues are asserted but only one necessitates comment. It involves the proposition that we should not have ordered him to pay interest on the amount due Hoxie Implement Company under the open account. This is allegedly so because he had tendered payment of the amount due. We disagree.

*156Generally, tendering to one’s creditor the amount owed bars the further accrual of interest. J.M. Hollis Const. Co. v. Paul Durham Co., 641 S.W.2d 354, 357…

2Cases cited3 opinions

  1. J.M. Hollis Construction Co. v. Paul Durham Co.Court of Appeals of Texas · 1982
  2. Churchill v. RusseyCourt of Appeals of Texas · 1985
  3. Johnson-Walker Moving & Storage, Inc. v. Lane Container Co.Court of Appeals of Texas · 1977

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