Johnson's Sales Co., Inc. v. Harris

I disagree that this is a proper class under Ark. R. Civ. P. 23. The majority correctly posits that, as a general rule, a claim for usury is determined when the “contract [is] entered into.” Ark. Const, art. 19, § 13; see also General Contract Corp. v. Duke, 223 Ark. 938, 270 S.W.2d 918 (1954) (“our cases hold that the transaction is to be judged at the time the contract is entered into, and not thereafter.”). The majority, however, mistakenly assumes that the face of the contract alone is all the evidence that is required to determine whether a usurious rate was charged at the time the…