Eugene Perez, Petitioner v. Briercroft Service Corporation, Respondent

Summary

The Texas Supreme Court held that a plaintiff may obtain rescission of a consumer credit contract even if rescission is not specifically pleaded, when the defendant's pleadings raise a defense that contemplates that remedy. Accordingly, the court affirmed the award of actual damages limited to amounts paid, but reversed the appellate court's refusal to cancel the note and remanded for rescission and cancellation of the lien.