Butler v. Wright Way Spraying Service

OPINION

CANTU, Justice.

Appellee, Wright Way Spraying Service, as plaintiff brought suit on a sworn account against appellant, Jack C. Butler, to recover on an alleged debt. The account was based on the providing of crop spraying services and chemicals by the appellee to the appellant over a period of time from July, 1980, through August, 1981.

Appellant’s answers admitted the existence of the debt, admitted an oral contract for an open account but denied the existence of a written contract. Appellant filed a counterclaim alleging that appellee had charged usurious interest in violation of…