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(DOWNLOAD) "Bobby Johns v. Tom Jaeb" by Dallas the Fifth Court of Civil Appeals # eBook PDF Kindle ePub Free

Bobby Johns v. Tom Jaeb

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eBook details

  • Title: Bobby Johns v. Tom Jaeb
  • Author : Dallas the Fifth Court of Civil Appeals
  • Release Date : January 12, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

In this suit to recover usury penalties, the principal question is whether defendant advanced funds to plaintiff as a loan or as a contribution to a limited partnership of which plaintiff was the general partner. The transaction was in the form of a limited partnership and an agreement of plaintiff to purchase defendants interest in the supposed limited partnership. Since plaintiff was unconditionally obligated to repay in monthly installments the entire amount advanced plus a fixed sum, we hold that the transaction was in substance a loan. Accordingly, we reverse the summary judgment for defendant rendered by the trial court and sustain plaintiffs motion for summary judgment.


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