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ROLLINGER v. J. C. PENNEY COMPANY

No. 10929.

192 N.W.2d 699 (1971)

Stanley ROLLINGER, for Himself and all Others Similarly Situated, Plaintiff and Respondent, v. J. C. PENNEY COMPANY, Inc., a corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied February 3, 1972.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, Timothy J. Nimick, and J. B. Shultz, Sioux Falls, for defendant and appellant.

May, Boe, Johnson & Burke, and Gale E. Fisher, Sioux Falls, for plaintiff and respondent.

PER CURIAM.

I

The important question involved in this appeal is whether a revolving charge account agreement between the parties results in usury prohibited by our statutes.1 By summary judgment in a suit to recover the interest paid2 the trial court so concluded and we agree. In so doing we join another midwestern jurisdiction, Wisconsin, which recently held "charges" above the cash price for merchandise...

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