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OKLAHOMA PREFERRED FINANCE & LOAN CORP. v. MORROW

No. 43604.

497 P.2d 221 (1972)

OKLAHOMA PREFERRED FINANCE & LOAN CORPORATION, Plaintiff in Error, v. Carl MORROW, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 2, 1972.

Attorney(s) appearing for the Case

Nicklas, Parrish & Saenz, W.F. Parrish, Jr., Lawton, for plaintiff in error.

Warren H. Crane, Lawton, for defendant in error.

JACKSON, Justice:

This usury case is here because of conflicting decisions previously written by this court. In the 5th paragraph of our syllabus in Munn v. Mid-Continent Motor Securities Co. (1924), 100 Okl. 105, 228 P. 150, in following an opinion written in 1918 (Bean v. Rumrill, 69 Okl. 300, 172 P. 452, 456), we held:

"It is the uniform policy of the courts not to permit an act forbidden or penalized by statute...

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