ROSSBERG v. HOLESAPPLE

No. 7802.

123 Utah 544 (1953)

260 P.2d 563

ROSSBERG et al. v. HOLESAPPLE et al.

Supreme Court of Utah.

Decided July 27, 1953.


Attorney(s) appearing for the Case

John Farr Larson, Salt Lake City, for appellants.

Woodrow D. White, Salt Lake City, for respondents.


WOLFE, Chief Justice.

Action by the appellants to foreclose certain security given by the respondents for the payment of a $1600 promissory note executed by them. The respondents denied liability on the ground that the note was usurious. From a judgment declaring the note and the security null, void and usurious and cancelling the same, this appeal is prosecuted.

The evidence is substantially without dispute. On April 11, 1951, the respondents, as buyers,...

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