OIL CITY MOTOR CO. v. C. I. T. CORPORATION

No. 1151.

76 F.2d 589 (1935)

OIL CITY MOTOR CO. v. C. I. T. CORPORATION.

Circuit Court of Appeals, Tenth Circuit.

April 1, 1935.


Attorney(s) appearing for the Case

J. H. Maxey, of Tulsa, Okl. (N. A. Gibson and Wilbur J. Holleman, both of Tulsa, Okl., on the brief), for appellant.

H. F. Birnbaum, of New York City, and Villard Martin, of Tulsa, Okl. (Geo. S. Ramsey and Garrett Logan, both of Tulsa, Okl., and Phillip W. Haberman, of New York City, on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

This is an action to recover for alleged usurious interest exacted and paid. Plaintiff was a dealer in DeSoto and Plymouth automobiles at Tulsa, Okl. It purchased new automobiles from the manufacturer in Detroit, Mich., at wholesale for cash and sold them at retail in Tulsa and adjacent trade territory. It was obligated by contract to purchase 300 DeSoto and 200 Plymouth automobiles during the year 1932. Most of its sales at retail were made...

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