Jim Walter Homes, Inc., Petitioners v. Curtis L. Schuenemann, Respondents

Summary

The Texas Supreme Court affirmed the lower courts, holding that the acceleration clauses in the installment note and lien contract unambiguously call for the collection of unearned time‑price differential, making the contract usurious and subject to penalties under sections 8.01 and 8.02 of the Credit Code; Justice Robertson concurred and Justice McGEE dissented, arguing the contract should be construed as non‑usurious.