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

Summary

The Texas Supreme Court reversed the Court of Appeals’ grant of summary judgment on the University of Texas Health Science Center’s usury counterclaim and remanded the issue for trial, while leaving the summary judgment for Big Train Carpet on the underlying contract claim intact. The Court held that genuine issues of fact precluded summary judgment on the usury defense, applying the standard set forth in El Chico and City of Houston.