ALTHERR v. WILSHIRE MORTGAGE CORPORATION

No. 1 CA-CIV 363.

6 Ariz. App. 576 (1967)

435 P.2d 83

Robert K. ALTHERR and Pauline Lawanda Altherr, Appellants, v. WILSHIRE MORTGAGE CORPORATION, Appellee.

Court of Appeals of Arizona. Division 1.

December 13, 1967.


Attorney(s) appearing for the Case

Leibsohn & Goldstein, by, Philip T. Goldstein, Phoenix, for appellants.

Hughes, Hughes & Conlan, by, Coit I. Hughes, Phoenix, for appellee.


CAMERON, Chief Judge.

This is an appeal from a judgment foreclosing a mortgage in favor of the plaintiff Wilshire Mortgage Corporation and against the defendants Robert K. and Pauline Altherr, husband and wife. The defendants raised the affirmative defense of usury, § 44-1202 A.R.S., which specifies a maximum legal interest rate of eight percent per annum.

The trial court made findings of fact and conclusions of law, and granted judgment

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