Midgett v. J. Edelstein Furniture Co.

OPINION

DORSEY, Justice.

This is an appeal from a judgment against defaulting debtors in a suit on a *333retail installment contract. Appellants’ Supplemental Answer asserted that “the Plaintiff’s pleadings and attachments thereto show that the claimed obligation sued upon is on its face, usurious and the interest rate exceeds 24% in violation of the Texas Revised Civil Statutes Art. 5069.” This general pleading of usury was not verified by affidavit as required by TEX.R. CIV.P. 93, which provides:

A pleading setting up any of the following matters, unless the truth of such matters appear of record,…