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MILLER v. COLORTYME, INC.

No. C2-92-2595.

504 N.W.2d 258 (1993)

Delilah MILLER, et al., Respondents, v. COLORTYME, INC., et al., Appellants.

Court of Appeals of Minnesota.

Review Granted September 10, 1993.

Attorney(s) appearing for the Case

Seymour J. Mansfield, Richard J. Fuller, Mansfield & Tanick, P.A., Mark N. Stageberg, Joel Lavintman, Lommen, Nelson, Cole & Stageberg, P.A., David L. Ramp, Law Offices of the Legal Aid Society of Minneapolis, Minneapolis, William Crowder, Susan Bedor, Crowder & Bedor, St. Paul, for amicus curiae Mary Weber.

Sue Halverson, Jay M. Quam, Fredrickson & Byron, P.A., Minneapolis, for appellants Colortyme, Inc., et al.

James E. Rolshouse, Minneapolis, for amicus curiae Minnesota Ass'n of Rental Dealers.

Considered and decided by HUSPENI, P.J., and HARTEN and HOLTAN, JJ.

OPINION

HARVEY A. HOLTAN, Judge.

Appellants challenge a grant of partial summary judgment that their rent-to-own contracts constitute consumer credit sales for all purposes under the Consumer Credit Sales Act and that their contracts are usurious as a matter of law. We reverse.

FACTS

Appellant D.E.F. Investments, Inc. and its subsidiaries operate four rent-to-own dealerships of new and used furniture and appliances in Minnesota. Under appellants...

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