Texas Supreme Court

Houston Sash and Door Company, Inc., Petitioner v. Beatrice Elinor Heaner, Independent Executrix, Respondents

January 31, 197922 Tex. Sup. Ct. J. 206

Summary

The Texas Supreme Court held that charging interest on an open account during the statutory interest‑free period constitutes interest in excess of double the amount allowed, triggering the penalty under Article 5069‑1.06(2), and that a guarantor who signed a written guarantee is subject to the penalty under Article 5069‑1.06(1) because the guaranteed rate of 12% exceeds the authorized maximum of 10%; the court affirmed the lower court’s judgment for Bedford and reversed and remanded the judgment for Heaner’s estate.