Court of Civil Appeals of Texas, 1987

Butler v. Holt Machinery Co.

Butler v. Holt Machinery Co.
Court of Civil Appeals of Texas · Decided November 25, 1987 · Reeves
739 S.W.2d 958; 1987 Tex. App. LEXIS 9023 (South Western Reporter, Second Series)

Butler v. Holt Machinery Co.

Opinion of the Court

ON APPELLANT’S AND APPELLEE’S MOTIONS FOR REHEARING

REEVES, Justice.

Appellant (Butler) and Appellee (Holt) have each filed a motion for rehearing. The motions are overruled except as to the computation of damages. Butler brings to our attention that the judgment entered by this Court fails to include $7,500.00 award*959ed by the trial court to Butler as attorney fees for the successful dissolving of a writ of sequestration. Holt brings to our attention that the judgment of this Court does not credit the $50,000.00 awarded Butler by the trial court for the successful recovery of his usury claim to the judgment. Both contentions have merit.

Therefore, the original opinion of this Court is hereby corrected. Holt shall have judgment against Butler for $39,997.51.

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