Bendele v. Tri-County Farmer's Co-Op

OPINION

ON APPELLANT’S AND APPELLEE’S MOTIONS FOR REHEARING

ESQUIVEL, Justice.

We withdraw the opinion filed November 25, 1981 and substitute the following opinion.

This is a usury ease. Appellee Tri-County Farmer’s Co-op (hereafter Co-op), a farmer’s agricultural cooperative, filed suit on sworn account against appellant, Albert L. Bendele (hereafter Bendele). Bendele counterclaimed against Co-op in order to recover the statutory penalties for usury under Tex.Rev.Civ.Stat.Ann. art. 5069-1.-06(1) and (2) (Vernon 1971). 1 In his answer, Bendele argued that he specifically was entitled to (1)…