[Download] "University Texas Health Science Center at Houston v. Big Train Carpet El Campo" by Supreme Court of Texas No. C-6437 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: University Texas Health Science Center at Houston v. Big Train Carpet El Campo
• Author : Supreme Court of Texas No. C-6437
• Release Date : January 07, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Per Curiam This is a summary judgment case. Big Train Carpet of El Campo sued the University of Texas Health Science Center
for payment under its carpeting contract. The University counterclaimed for ususy based on two late charges of 1.5 percent
per month. As a usury defense, Big Train claimed that the charges were added as the result of a bona fide error by its president.
Both parties moved for summary judgment. The trial court granted summary judgment for Big Train, and, in an unpublished opinion,
the court of appeals affirmed. We reverse and remand only as to the University's usury counterclaim. The court of appeals, after indulging all inferences and resolving all doubts in favor of Big Train, concluded that Big Train
had established its usury defense. Big Train, however, was the successful movant. The University, as the non-movant, was entitled
to have all reasonable inferences made and all doubts resolved in its favor. El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex.
1987). Under the correct standard of review, there is an issue of fact precluding summary judgment. City of Houston v. Clear
Creek Basin Authority, 589 S.W.2d 671 (Tex. 1979).

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