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FISHER v. SEARS, ROEBUCK & COMPANY

Nos. 11206, 11207.

214 N.W.2d 85 (1974)

Gale E. FISHER, for himself and all others similarly situated, Plaintiff and Appellant, v. SEARS, ROEBUCK & COMPANY, a corporation, Defendant and Respondent. Lawrence TEMPLE, for himself and all others similarly situated, Plaintiff and Appellant, v. MONTGOMERY WARD & CO., a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied February 14, 1974.

Attorney(s) appearing for the Case

Geo. A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, Gale E. Fisher of May, Johnson & Burke, Sioux Falls, for plaintiffs and appellants.

Gary J. Pashby of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant & respondent Sears, Roebuck & Co.

Deming Smith of Davenport, Evans, Hurwitz & Smith, Sious Falls, for defendant & respondent Montgomery Ward & Co.

WINANS, Justice.

This action was precipitated by our holding in Rollinger v. J. C. Penney Co., 86 S. D. 154, 192 N.W.2d 699, wherein service charges of 1½% per month, on revolving charge accounts, were held to violate our usury law. SDCL 54-3-7 to 12. The appellants are challenging summary judgments granted against them, by the trial court which acted in reliance on Rollinger, which held that retroactive effect would not be...

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