Gold v. Alamo Lumber Co.

KEITH, Justice.

Plaintiff below appeals from an adverse judgment, based upon a jury verdict, in her suit to recover statutory penalties for usury pursuant to Tex.Rev.Civ.Stat.Ann. art. 5069-1.06 (1971). She alleged that defendant charged her $27,124.70 more interest than was authorized by law. Her theory of recovery was that defendant required her to assume her son’s debt as an express condition of the defendant acquiring and extending the time of payment of her note then held by a bank.

The facts, while somewhat involved, essentially are undisputed. Plaintiff is a widow living in San Antonio…