JANSEN v. NU-WEST, INC.

No. 18262-2-III.

6 P.3d 98 (2000)

Calvin W. JANSEN, individually, and Calvin W. Jansen, Personal Representative of the Estate of Bertha G. Jansen, Deceased, Respondents, v. NU-WEST, INC., a Washington corporation, Appellant, Steward & Williams, Inc., a Washington Corporation; and Kenneth D. Beckley, P.S., a Washington Professional Services Corporation; Merrill L. Klocke and Patricia C. Klocke, husband and wife, and the community comprised thereof; and also all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the Third-Party Complaint herein, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

As Amended on Reconsideration September 21, 2000.


Attorney(s) appearing for the Case

James A. Perkins, Larson & Perkins, Yakima, for Appellant.

Kenneth D. Beckley, Ellensburg, for Respondents.


SWEENEY, J.

Loans made primarily for commercial purposes are exempt from the usury law. In this usury action, a jury determined that the loan was primarily for a noncommercial purpose and that the usury statute applied. However, while the factual circumstances of making a loan are within the province of the jury, the ultimate determination of the primary purpose of the loan is a question of law. We hold that the determination...

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