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University of Texas Health Science Center at Houston v. Big Train Carpet of El Campo, Inc.

UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON, Petitioner, v. BIG TRAIN CARPET OF EL CAMPO, INC., Respondent

Univ. of Tex. Health Sci. Ctr. at Houston v. Big Train Carpet of El Campo, Inc., 739 S.W.2d 792 (Tex. 1987)
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Court
Texas Supreme Court · State Highest Courts
Decided
October 7, 1987
Docket
No. C-6437
Judges
Per Curiam
Citations
739 S.W.2d 79231 Tex. Sup. Ct. J. 111987 Tex. LEXIS 38543 Educ. L. Rep. 473

Opinion — Per Curiam

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 usury 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 The trial court granted summary judgment for Big Train, and, in an unpublished opinion, the court of appeals affirmed.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 nonmov-ant, 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).

Because the court of appeals opinion conflicts with Clear Creek and El Chico, we grant the University’s application, and without hearing oral argument, a majority of the court reverses the court of appeals judgment as to the University’s usury counterclaim, and remands that claim for trial. TEX.R.APP.P. 133(b).

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 83 cases

View all citing references →
1987: 11989: 31990: 21991: 51992: 31993: 61994: 51995: 41996: 31998: 41999: 22000: 22001: 32003: 22004: 32005: 32006: 22007: 22012: 62013: 32014: 42015: 42017: 12019: 22020: 12021: 12022: 12024: 12026: 419872026peak 1993 · 6

Relies on it most ⓘ

  1. Alida M. Anton v. Merrill Lynch and Russell Norwood, IndividuallyNo. 03-00-00059-CV (Tex. App.—Austin Jan. 11, 2001)
  2. Olympic Waste Services v. City of Grand Saline204 S.W.3d 496 (Tex. App.—Tyler 2006)
  3. McKnight v. Riddle & Brown, P.C.877 S.W.2d 59 (Tex. App.—Tyler 1994)
  4. Roman Catholic Diocese of Galveston-Houston v. First Colony Community Services Ass'n881 S.W.2d 161 (Tex. App.—Houston [1st Dist.] 1994)
  5. Anton v. Merrill Lynch36 S.W.3d 251 (Tex. App.—Austin 2001)
  6. Alida M. Anton v. Merrill Lynch and Russell Norwood, IndividuallyNo. 03-00-00059-CV (Tex. App.—Austin Jan. 11, 2001)

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Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671 (Tex. 1979) 4,656
El Chico Corp. v. Poole, 732 S.W.2d 306 (Tex. 1987) 682

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