DENNIS v. SEARS, ROEBUCK & COMPANY


446 S.W.2d 260 (1969)

Anna R. DENNIS et al., Appellants, v. SEARS, ROEBUCK & COMPANY et al., Appellees.

Supreme Court of Tennessee.

October 24, 1969.


Attorney(s) appearing for the Case

George E. Barrett and Larry Helm Spalding, Nashville, of counsel; Barrett, Creswell & Mitchell, Nashville, for appellants.

George F. McCanless, Atty. Gen., and Paul E. Jennings, Asst. Atty. Gen., Nashville, for the State, and Reber Boult and Edwin F. Hunt, Nashville, of counsel.

Boult, Hunt, Cummings & Conners, Nashville, for Sears, Roebuck & Co.


OPINION

HUMPHREYS, Justice.

As the case has been presented to this Court, it involves only one question: Is Tennessee Code Annotated, sec. 47-11-104, unconstitutional, because it violates Article XI, Section 7, of the Tennessee Constitution, which prohibits interest rates in excess of 10% per annum.

In the court below two other questions were presented: (1) Whether the suit was an appropriate one to be maintained as a class action? And, (2) whether...

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