Botello v. Misener-Collins Co.

On Motion for Rehearing.

BARROW, Chief Justice.

I respectfully dissent. It cannot be said that the contract of June 25, 1968, provides, as a matter of law, for deferred payments so as to bring this case within the rule set forth in Bryant v. Clark, 163 Tex. 596, 358 S.W.2d 614 (1962). The contract in Bryant expressly provided for “15 annual installments.” In Goode v. Westside Developers, 258 S.W.2d 844 (Tex.Civ.App.-Waco 1953, writ ref’d n. r. e.) the contract sued on provided for the “balance of the purchase price to be paid in monthly installments.”

The sales contract sued on herein is on a…