Ricker

A judgment having been rendered in favor of the plaintiff and against the purchaser of a conditional sale contract for triple the amount of alleged interest on deferred payments, the latter appealed therefrom.

The respondent entered into a contract in writing for the purchase of an automobile from a dealer who subsequently sold said contract to the appellant herein for an amount equal to the retail price .of the car if sold for cash. By the terms of their agreement the original parties recited payment upon its execution of a specified sum, and divided the remainder into eighteen equal installments which they agreed respondent should pay each consecutive month there after, “all deferred payments to bear interest from date of maturity at the highest legal rate, but not exceeding 12 per cent per annum”. The plaintiff alleged that the total of the cash payment and installments exceeded the agreed purchase price of the car, that such excess was interest thereon, and that it amounted to more than the legal rate allowed for “the loan or forbearance of money, goods or things in action”, and was usurious. It is conceded that the amount in controversy was added to the unpaid balance of the…