Rotello v. International Harvester Co.

AKIN, Justice.

This is an appeal by plaintiff, Francis Rotello, from a summary judgment granted defendants, International Harvester Company (IHC) and International Harvester Credit Corporation (IHCC). Rotello sued IHC and IHCC to recover penalties and attorney fees for alleged violations of Tex. Rev.Civ.Stat.Ann. art. 5069 (Vernon 1971), contending that the finance charge in question was usurious under subtitle 1 of article 5069, Tex.Rev.Civ.Stat.Ann. arts. 5069-1.01 to -1.06, or alternatively, a time-price differential charged in violation of subtitle 2 of article 5069, Tex.Rev.Civ.Stat.Ann.…