Triton Oil and Gas Corp. v. Marine Contractors and Supply, Inc

In Triton Oil and Gas Corp. v. Marine Contractors and Supply, Inc., 644 S.W.2d 443, 445 (Tex. 1982), the Court rejected the notion that Marine Contractors' unilateral act of charging interest on Triton's invoices and its deduction of those charges from amounts due Triton were evidence of an agreement between the parties that Triton would pay the interest charges. Triton Oil, 644 S.W.2d at 445-46. The Court distinguished Bio-Zyme, noting that "the mere failure to object within a reasonable time to the interest charges, without more, could not establish an agreement between the parties." Id. at 445