Gonzalez v. Gainan's Chevrolet City, Inc.

690 S.W.2d 885, 28 Tex. Sup. Ct. J. 439, 1985 Tex. LEXIS 857
CourtTexas Supreme Court
DecidedMay 29, 1985
DocketC-3700
StatusPublished
Cited by15 cases

This text of 690 S.W.2d 885 (Gonzalez v. Gainan's Chevrolet City, Inc.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. Gainan's Chevrolet City, Inc., 690 S.W.2d 885, 28 Tex. Sup. Ct. J. 439, 1985 Tex. LEXIS 857 (Tex. 1985).

Opinions

WALLACE, Justice.

This suit was brought for statutory penalties and attorney’s fees pursuant to the Texas Consumer Credit Code, TEX.REV. CIV.STAT.ANN. art. 5069-7.01, et seq. (Vernon Supp.1984). The trial court rendered a take nothing judgment. The court of appeals affirmed. 684 S.W.2d 740. We reverse the judgment of the court of appeals. A companion case is Garcia v. Gainan's Chevrolet City, Inc. and General Motors Acceptance Corp., 690 S.W.2d 892 (Tex.1985), decided this same day. The issues presented in both cases are identical; therefore, they will be discussed together in this opinion.

In 1976, Gonzalez contracted with Gain-an’s for the purchase of a used station wagon. He executed a retail installment contract with Gainan’s which was subsequently assigned to General Motors Acceptance Corporation. It is this contract which is at issue before us. Gonzalez contends that various provisions in the contract violated the Texas Consumer Credit Code, TEX.REV.CIV.STAT.ANN. art. 5069-7.01, et seq. (Vernon Supp.1984) (the Code). The court of appeals held that none of the provisions in question violated the Code. We disagree for the reasons set out below and therefore reverse the judgment of the court of appeals.

The Consumer Credit Code contains a lengthy litany of requirements for installment credit contracts in Texas. The list of provisions prohibited by the Code is found in art. 5069-7.07. A creditor has a duty to prepare a contract in accordance with these standards. Southwestern Investment Co. v. Mannix, 557 S.W.2d 755 (Tex.1977). Including unlawful provisions in a contract subjects the creditor to statutory penalties pursuant to art. 5069-8.01 of the Code. A finding that only one of the provisions of the contract violates the Code will establish liability.

The threshold issue to be addressed concerns the standard of construction to be given consumer credit contracts. The court of appeals relies upon the cases of Haley v. Pagan Lewis Motors, Inc., 647 S.W.2d 319 (Tex.App.—Corpus Christi 1982, writ ref’d n.r.e.) and Grant v. Friendly Chrysler-Plymouth, Inc., 612 S.W.2d 667 (Tex.Civ.App.—Corpus Christi 1981, writ ref’d n.r.e.), for the proposition that this type contract must be construed to comport with legality and the parties must be presumed to have intended to obey the law. These cases in turn rely upon the cases of Nevels v. Harris, 129 Tex. 190, 102 S.W.2d 1046 (1937) and Walker v. Temple Trust Co., 124 Tex. 575, 80 S.W.2d 935 (1935).

Walker and Nevels were both concerned with usurious contracts. Walker held that a court will adopt a construction which comports with legality if the contract, when taken as a whole, is doubtful or susceptible of more than one reasonable construction. Nevels held that parties to a contract are presumed to have intended to obey the law unless the contrary appears.

The court of appeals in this case utilized the above standard to decide whether the questionable provisions were violative of the statute. The court of appeals held that [887]*887all ambiguities were to be construed in favor of legality. Therefore, according to the court of appeals, all of the provisions which could reasonably be construed to comply with the statutory requirements were found to be in compliance..

The Walker and Nevels doctrine of presumed legality, as carried forward and applied to contracts governed by the Consumer Credit Code in the cases of Haley and Grant, has been erroneously utilized. The Walker and Nevels cases were decided many years before the enactment of the Consumer Credit Code and were based upon the common law of usury. The Consumer Credit Code contains an express declaration of legislative intent. The declaration of intent includes the following language:

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(3) Credit abuses now existing in our State stem from the fact that many types of credit transactions are not now subject to effective public regulation and control and the penalties imposed for usury do not provide effective or workable safeguards in this vital area of economic activity.
(4) ... These unregulated practices bring great social and economic hardship to many citizens of our State. They impose intolerable burdens on those segments of our society which can least afford to bear them — the uneducated, the unsophisticated, the poor and the elderly.
(5) These facts conclusively indicate a need for a comprehensive code of legislation to ... regulate credit sales and services ... and to provide firm and effective penalties for usury and other prohibited practices. Declaration of Legislative Intent, Texas Laws 1967, Chapter 274, Section 1, at 608. Texas Revised Civil Statutes Annotated, Volume 15, pp. 1-2 (Vernon 1971). (Emphasis added).

In Southwestern Inv. Co. v. Mannix, 557 S.W.2d 755 (Tex.1977), this court recognized the legislature’s intent and recognized the burden it placed upon creditors. This court wrote:

... [t]he legislative pronouncements concerning the form and contents of the retail installment contract must be construed as imposing duties on the seller, since it is the conduct of the seller which the Legislature sought to regulate. 557 S.W.2d at 764. (Emphasis by the court) [quoting from Mitchell Motors, Inc. v. Bell, 528 S.W.2d 856 (Tex.Civ.App.—San Antonio 1974, writ ref'd n.r.e.) ].

In Knight v. International Harvester Credit Corp., 627 S.W.2d 382, 388 (Tex.1982), we recognized that "... ambiguities in legislation of this type must be liberally construed, ...” and, in Jim Walter Homes, Inc. v. Schuenemann, 668 S.W.2d 324, 332 (Tex.1984), we expressly refused to adopt a stricter construction against a finding of usury under the Consumer Credit Code. We stated that “... we are obliged to construe the Credit Code in a manner that comports with legislative intent and furthers the purposes of the statute.” Although we stated that we continue to adhere to the rule “that a contract which is alleged to be usurious on the ground that it calls for the collection of unearned interest is to be construed as complying with the law, if it is reasonably susceptible of such an interpretation,” we did not address the question of whether a term in the contract that is not relevant to a determination of usury should enjoy the same standard of construction.

We hold that there is no reason to presume the legality of terms and provisions of a contract which are required or prohibited by the Consumer Credit Code and which are not relevant to a finding of usury. We believe that this holding will best comport with the clearly enunciated legislative intent and the previous pronouncements of this court. To the extent that the Grant and Haley cases and their progeny conflict with this decision, they are disapproved.

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Gonzalez v. Gainan's Chevrolet City, Inc.
690 S.W.2d 885 (Texas Supreme Court, 1985)

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Bluebook (online)
690 S.W.2d 885, 28 Tex. Sup. Ct. J. 439, 1985 Tex. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-gainans-chevrolet-city-inc-tex-1985.