Legal Opinion · Dissent

Duke v. Sears, Roebuck and Co.

Court of Appeals of Texas

Decided October 17, 1968No. 354Published

1Dissent

MOORE, Justice.

I respectfully dissent from the majority opinion. The only instrument signed by the appellant was a simple application for credit. The application simply stated that:

“In consideration of your selling merchandise to me on Sears revolving CHARGE ACCOUNT, I agree to the following regarding all purchases made by me or on my Sears revolving CHARGE ACCOUNT identification:”

(The application then sets forth certain terms and conditions with respect to the amount of monthly payments, together with a schedule of any interest charges thereon.)

I agree to the statement in the majority…

2Cases cited2 opinions

  1. Lit Bros. v. HainesSupreme Court of New Jersey · 1923
  2. Thomas v. Central Charge Service, Inc.District of Columbia Court of Appeals · 1965

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