Tubelite v. Risica & Sons, Inc.

OPINION

CORNYN, Justice.

At issue is whether an agreement to pay interest arose under the Uniform Commercial Code because of a course of dealing between two merchants. Finding that the parties’ course of dealing established an implied agreement to pay interest, the trial court rendered judgment for Tubelite, a Division of Indal, Inc. (“Tubelite”) and dismissed the counterclaim of Risica & Sons, Inc. (“Risica”) for penalties under the usury statute. TEX.REV.CIV.STAT.ANN. art. 5069-1.06 (Vernon 1987). The court of appeals, however, found no evidence of an implied agreement to pay interest, and…