French

This action was brought to recover money and a penalty thereon alleged to have been paid in a usurious transaction. From a judgment rendered in favor of the defendant, after trial without a jury, the plaintiffs appealed. A hearing was granted in this court after decision by the District Court of Appeal, Second Appellate District, Division Two, in order to give further consideration to the con *27 tention that the ruling of the District Court of Appeal was contrary to that made in other appellate court decisions. After a review of the entire record it is the opinion of this court that the decision of the District Court of Appeal is correct. We have therefore adopted certain portions of that opinion which, together with such interpolations and additions as will hereinafter appear, constitute the decision of this court.

“The essential facts are: December 11, 1936, plaintiffs executed in favor of defendant company a note reading as follows:

By the terms of the building loan contract it was contemplated that the building should be completed within 120 days of the signing of the contract; that the proceeds of the loan should be advanced from time to time as the work progressed in such…