SHANNON, J.
This is an appeal on questions of law from the Municipal Court of Hamilton County.
On March 28, 1966, the assistant manager of the Beneficial Finance Company, appellee here, received a telephone call from an auto repairman advising him that the defendants, James and Barbara Smith, appellants here, would appear in the finance company's office to apply for a personal loan to cover the cost of repairs to their vehicle. Thereupon,
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