National Bank of Commerce v. Thomsen

This is a suit to recover the balance due upon the purchase price of an automobile, including “time price differential,” plus interest after the date of default, *407and a collection fee and attorney’s fees provided in the contract of purchase. The defendant’s answer sets up affirmative defenses of lack of capacity to sue and usury.

The evidence1 showed that the defendant had gone to Carter Motors, Inc., on a Saturday and had signed an order for the purchase of a new, 1965 Volkswagen automobile. This order showed that the price would be paid as follows: a downpayment of $1,000, a trade-in…