Jim Walter Homes, Inc. v. Schuenemann

I dissent.

The only issue on appeal is whether, because of the technical language of the acceleration provisions, Jim Walter Homes, Inc. has contracted to collect time-price differential in excess of double the amount allowed by law in violation of section 8.02 of the Credit Code. The court of appeals affirmed the trial court’s award to the Schuenemanns of penalties totalling $64,-385.29. Of this amount, $38,546.00 represented damages for a violation of section 8.01. This portion of the judgment was not *334appealed. The effect of the lower court’s award was to give the Schuenemanns a free house.

Th…