Court of Appeals of Texas January 29, 1981, 1409 (Childs v. Taylor Cotton Oil Co.)

McKAY, Justice.

This is an appeal from a suit brought by Taylor Cotton Oil Company (Taylor) against the Estate of Robert M. Martindale, deceased (Martindale), on sworn account for goods and materials sold to Martindale. Martindale counterclaimed for alleged balance due on the account, for offset for usurious interest, and to remove cloud from title to certain real estate.