Rick Furniture Distributing Co. v. Kirlin

ALLEN, Justice.

Rick Furniture Distributing Company, Inc. (Rick Furniture) brought this action against Michael P. and Marcy Kirlin (Kir-lin) to collect money due under a retail installment contract. The Kirlins filed a counterclaim alleging violations of the Texas Consumer Credit Code, Tex.Rev.Civ.Stat. Ann. art. 5069 et seq. (Vernon Supp. 1981), and sought statutory penalties under articles 5069-8.01 and 8.02. The trial court held that Rick Furniture had in fact charged a time-price differential greater than twice the amount allowed by law and entered a judgment awarding the Kirlins the sum…