Texas Supreme Court
Perry Roofing Company, Petitioner v. Eugene D. Olcott, Respondent
February 10, 198831 Tex. Sup. Ct. J. 213
Summary
The Texas Supreme Court affirmed the Court of Appeals, holding that a ten percent equitable prejudgment interest rate under Tex. Rev. Civ. Stat. Ann. art. 5069-1.05 applies to contract actions where damages are unascertainable, rather than the six percent statutory rate of art. 5069-1.03. A dissent argued that the six percent rate should apply to all contract cases.