Hardwick v. Austin Gallery of Oriental Rugs, Inc.

I fully concur with that portion of the majority’s opinion which overrules appellant’s points of error, and which overrules appellee’s cross-points regarding the DTPA and delay damages. I am unable to agree, however, with that portion which sustains appellee’s cross-point regarding usury, and I respectfully dissent therefrom.

In 1980, appellee bought a tract of real property from appellant, giving appellant a promissory note in the amount of $160,000. The note, which was secured by a deed of trust on the property, provided for interest at the rate of 10% per annum. It provided for monthly…