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KLETT v. SECURITY ACCEPTANCE CO.

Docket No. Sac. 6170.

38 Cal.2d 770 (1952)

242 P.2d 873

HAROLD A. KLETT, Appellant, v. SECURITY ACCEPTANCE COMPANY (a Corporation) et al., Respondents.

Supreme Court of California. In Bank.

April 17, 1952.

Attorney(s) appearing for the Case

Horace E. Dunning for Appellant.

Wilke & Fleury, H. Nelson French, Sherman C. Wilke and Gordon A. Fleury for Respondents.

SCHAUER, J.

Plaintiff appeals from a judgment, entered pursuant to a jury verdict for defendants, in this action for the recovery of usurious interest and penalties and for the conversion of certain furniture. We have concluded that no prejudicial error or miscarriage of justice is shown and that, in accord with the mandate of section 4 1/2 of article VI of the state Constitution, the judgment should be affirmed. Because, however, there was error in instructing the...

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