Smart v. Tower Land & Investment Co.

WHITHAM, Justice.

This is an appeal from a judgment that appellant Don M. Smart take nothing in his suit against appellees Tower Land and Investment Company, W. R. Payne and R. B. Payne for usury. We affirm in part and reverse and render in part.

This case comes to us for the second time following remand by the Supreme Court of Texas to the trial court. See Smart v. Tower Land and Investment Company, 597 S.W.2d 333 (Tex.1980). This case was first tried in 1978. In the 1978 trial, Smart went to trial on his first amended counterclaim seeking statutory penalties under Tex.Rev.Civ.Stat.Ann. art.…