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Tubelite v. Risica & Sons

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eBook details

  • Title: Tubelite v. Risica & Sons
  • Author : Supreme Court Of Utah
  • Release Date : January 11, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

At issue is whether an agreement to pay interest arose under the Uniform Commercial Code because of a course of dealing between two merchants. Finding that the parties course of dealing established an implied agreement to pay interest, the trial court rendered judgment for Tubelite, a Division of Indal, Inc. ("Tubelite") and dismissed the counterclaim of Risica & Sons, Inc. ("Risica") for penalties under the usury statute. TEX. REV. CIV. STAT. ANN. art. 5069-1.06 (Vernon 1987). The court of appeals, however, found no evidence of an implied agreement to pay interest, and reversed the judgment of the trial court and rendered judgment for Risica on its counterclaim. 794 S.W.2d 468, 470-71. We affirm the judgment of the court of appeals.


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