Legal Opinion

Brokers Leasing Corp. v. Standard Pipeline Coating Co.

Court of Appeals of Texas

Decided April 14, 1980No. 20150PublishedCited by 12 opinions

1Opinion of the Court

HUMPHREYS, Justice.

Brokers Leasing Corporation appeals from a judgment awarding Standard Pipeline Coating Company, appellee, $5,000 attorney’s fees and $19,059.04 as a penalty for charging usurious interest. Brokers argues that the court erred in finding that $9,529.52 was charged as interest and that there was an intent to charge interest. The primary issue is whether the contract between the parties was a conditional sales contract or a lease. We hold that the agreement was a lease and therefore the contract cannot be usurious. Accordingly, we reverse and render.

Brokers entered into an…

2Cases cited5 opinions

  1. Davis Brothers v. Misco Leasing, Inc.Court of Appeals of Texas · 1974
  2. Southwest Park Outpatient Surgery, Ltd. v. Chandler Leasing DivisionCourt of Appeals of Texas · 1978
  3. Maloney v. AndrewsCourt of Appeals of Texas · 1972
  4. Security Life Insurance Co. v. Executive Car Leasing Co.Court of Appeals of Texas · 1968
  5. Tom Benson Chevway Rental & Leasing, Inc. v. AllenCourt of Appeals of Texas · 1978

3Cited by12 opinions

  1. Varel Manufacturing Co. v. Acetylene Oxygen Co., Texas Court of Appeals, 13th District1999
  2. In Re PeacockUnited States Bankruptcy Court, N.D. Texas · 1980
  3. Horton v. Dental Capital Leasing Corp.Court of Appeals of Texas · 1983
  4. Potomac Leasing Co. v. Housing Authority of El Paso, Texas Court of Appeals, 8th District (El Paso)1987
  5. Russell Scott Jones and Westex Notrees, LP v. R.O. Pomroy Equipment Rental, Inc. D/B/A Roper, Inc., Texas Court of Appeals, 11th District (Eastland)2014

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