Dean Vivian Homes, Inc. v. Sebera's Plumbing & Appliances, Inc.

HALL, Justice.

This suit originated as an action on an open account. Both parties are corporations. The suit was defended and a counterclaim was filed on the ground that interest charged monthly on the balance of the account, in part at the rate of 1½% per month, was usurious. The primary question in the case is whether the interest charged was authorized under the provisions of article 1302-2.09, Vernon’s Tex. Civ.St. 1 The trial court rendered judgment on the account and denied recovery on the counterclaim.

The pertinent statutes are articles 5069-1.02, 5069-1.03, 5069-1.04, 5069-1.06, and…