Midgett v. J. Edelstein Furniture Co.

I respectfully dissent. The statement of the nature of the case and proceedings are correctly set forth in the majority opinion. I would hold that usury does appear on the face of the record and would reverse and remand to the trial court in order to address appellant’s usury contention.

The retail installment contract, which was attached to appellee’s pleadings, requires buyer “to pay the amount designated as Total of Payments to Seller ... in 24 consecutive monthly installments ... All installments shall be in the amount of $128.00.” [emphasis ours] Appellants were to make twenty-four…