Heaner v. Houston Sash & Door Co., Inc.
| Citation | 560 S.W.2d 525 |
| Decision Date | 29 December 1977 |
| Docket Number | No. 5795,5795 |
| Court | Texas Court of Appeals |
| Parties | Beatrice Elinor HEANER, Independent Executrix of the Estate of John E. Heaner, Deceased, et al., Appellants, v. HOUSTON SASH & DOOR COMPANY, INC., Appellee. |
This is a suit on an open account and guaranty agreement brought by plaintiff Houston Sash and Door against Bedford Corporation and Beatrice Heaner, Independent Executrix of the Estate of John E. Heaner, defendants, seeking to recover for services, goods, wares, and merchandise sold to Bedford during the period of January 14, 1974 thru April 26, 1974.
Prior to his death Heaner had executed a guaranty agreement, guaranteeing the payment of any moneys due Houston Sash by Bedford.
Defendants filed a sworn denial of the account, and a counterclaim for penalties provided for by Article 5069-1.06 VATS.
Trial was before the court, without a jury, which rendered judgment for $13,575.73 jointly and severally against Bedford and Heaner (and $3,599.43 additional against Bedford).
Defendants appeal contending the trial court erred in rendering judgment for plaintiff because (plaintiff) charged or contracted for interest in excess of the rate permitted by Article 5069-1.03 VATS; consequently judgment should have been rendered in favor of defendants for forfeiture of the principal, twice the amount of interest charged, and reasonable attorneys' fees, as provided by Article 5069-1.06 VATS.
Bedford Corporation, a builder of town houses ordered goods and services from Houston Sash on open account. Heaner (Chairman of the Board of Bedford) signed a guaranty. The goods and services were sold and delivered to Bedford between January 14, 1974 and April 26, 1974. Houston Sash commenced charging interest on the unpaid balance at the rate of 12% After 30 days of the delivery of the merchandise. Heaner signed an agreement guaranteeing payment of Bedford's account.
There was no agreement plead or proved by plaintiff whereby Bedford would pay a rate of interest on its open account with Houston Sash in excess of 6%.
Article 5069-1.03 provides: "When no specified rate of interest is agreed upon by the parties, interest at the rate of six percent per annum shall be allowed on all * * * open accounts, from the...
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...v. W.C. Roberts Lumber Co., 561 S.W.2d 256, 258 (Tex. Civ. App.--Eastland 1978, writ ref'd n.r.e.); Heaner v. Houston Sash & Door Co., 560 S.W.2d 525, 526-27 (Tex. Civ. App.--Waco 1977), rev'd on other grounds, 577 S.W.2d 217 (Tex. Service Finance failed to offer any evidence that the insur......
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...invoices constituted a contract or agreement to pay interest. In support of his argument, Bendele cites Heaner v. Houston Sash and Door Co., Inc., 560 S.W.2d 525 (Tex.Civ.App.-Waco 1977), affirmed in part, reversed in part, 577 S.W.2d 217 (Tex.1979), and Watson v. Cargill, Inc., Nutrena Div......
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Houston Sash and Door Co., Inc. v. Heaner
...judgment for the plaintiff. The court of civil appeals reversed and remanded, agreeing with defendants that the transaction was usurious. 560 S.W.2d 525. We disagree in several respects with the courts On May 31, 1973 John E. Heaner, Chairman of the Board of Bedford Corporation, executed a ......