Victoria Bank & Trust Company v. Marlyn R. Brady

This appeal arises out of a suit on a promissory note filed by Victoria Bank and Trust Company against Marlyn and Pauline Brady, Bill Fancher, and Fancher Cattle Company, Inc. Fancher and the other defendants counterclaimed alleging usury, fraud, duress and tortious interference with business relations. The counterclaim also alleged that Victoria breached a duty of good faith and fair dealing to Fancher and the Cattle Company and that Victoria had knowingly violated certain provisions of the Texas Deceptive Trade Practices Act, Tex. Bus. & Comm. Code Ann. ? 17.46 et seq. (Vernon 1987). The jury returned a verdict answering all the questions favorably to Fancher and the Cattle Company. The trial court rendered judgment for Fancher and the Cattle Company against Victoria on part of their claims, and for Victoria against the Bradys. Victoria now appeals the judgment by seventeen points of error. Fancher and the Cattle Company cross appeal the trial courts denial of their usury claim and their claim for breach of the duty of the good faith and fair dealing. We affirm in part and reverse and render in part.