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This is an appeal from the issuance of a temporary injunction restraining the appellant mortgagee from foreclosing on 667 acres of real property in San Patricio and Nueces Counties. The appellee filed suit, alleging the original 1978 contract for the purchase of 1,620 acres was usurious, citing a $2.8 million difference between the cash and credit sales prices as illegal interest. The appellant argued that the appellee had not tendered the admitted debt and that the price difference constituted a permissible time price differential. The appellate court affirmed the trial court's decision to issue the temporary injunction, finding the appellee demonstrated a probable right to recovery and that the uniqueness of real estate justified equitable relief. The court also upheld the trial court's discretion in setting the injunction bond amount.
El Paso Development Co. v. Berryman is a workers' compensation case decided in Texas Court of Appeals, 13th District. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 13th District.
Full Decision Text1 Pages
This is an appeal from the issuance of a temporary injunction restraining the appellant mortgagee from foreclosing on 667 acres of real property in San Patricio and Nueces Counties. The appellee filed suit, alleging the original 1978 contract for the purchase of 1,620 acres was usurious, citing a $2.8 million difference between the cash and credit sales prices as illegal interest. The appellant argued that the appellee had not tendered the admitted debt and that the price difference constituted a permissible time price differential. The appellate court affirmed the trial court's decision to issue the temporary injunction, finding the appellee demonstrated a probable right to recovery and that the uniqueness of real estate justified equitable relief. The court also upheld the trial court's discretion in setting the injunction bond amount.
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