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SINCLAIR v. MACK TRUCKS, INC.

No. 16301.

355 S.W.2d 563 (1962)

Benton SINCLAIR, Appellant, v. MACK TRUCKS, INC., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 30, 1962.

Attorney(s) appearing for the Case

Bagby & Atkins and Bill Atkins, Arlington, for appellant.

John Ellis, Fort Worth, for appellee.

RENFRO, Justice.

This is a suit by plaintiff Sinclair to recover for alleged usury interest paid to defendant Mack Trucks, Inc.

On March 26, 1957, plaintiff bought a truck from defendant. Plaintiff paid part cash and executed a note, secured by a chattel mortgage, in the sum of $12,236.76. Included was the amount of $1,436.76 finance charges. The note was payable in 36 monthly installments of $339.91. The interest rate was 8% per annum. During the life of...

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