Agen.

The plaintiff brought this action to recover the sum of $440.37, alleged to be three times the amount of interest paid by him to the defendant on a contract in violation of the usury law (Stats. 1919, p. lxxxiii). After the defendant had filed an answer denying the principal allegations of the complaint, each party moved for judgment on the pleadings. The plaintiff’s motion was denied, and defendant’s motion was granted, and judgment thereupon entered that plaintiff take nothing. The plaintiff appeals.

The transaction between the parties was not a loan of money or other property, nor was it anything in the nature of a loan. It appears that the Taft' Motor Company, Inc., sold to the plaintiff an automobile for a stated price. The written contract, a copy of which is attached to the complaint, provides that the sale shall be for the total price of $1,987.24, of which $550 was paid at the signing of the contract and the remainder was payable in certain monthly installments. The only provision of the contract referring to interest is a provision for interest in the event of default in the payment of any installment. It appears that all installments were paid in full, either to the…