SMITH v. SHERWOOD & ROBERTS, SPOKANE, INC.

No. 9798.

441 P.2d 158 (1968)

92 Idaho 248

Robert F. SMITH, and Claude A. Morgan, dba Morgan & Morgan Plaintiffs-Appellants, v. SHERWOOD & ROBERTS, SPOKANE, INC., Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied June 11, 1968.


Attorney(s) appearing for the Case

McFadden & Park, St. Maries, for appellants.

Scott W. Reed, Coeur d'Alene, for respondent.


McQUADE, Justice.

In this action there are two plaintiffs, the conditional sale purchaser of a used crawler tractor and dozer, and the company owning a garage which repaired the tractor. Defendant is a finance company. The purchaser brought an action against the finance company, assignee of the conditional sale contract, on grounds of usury in the following transactions: the contract itself; a promissory note later made by the purchaser payable to the finance company...

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