Pickens Investment Co. v. Jones

(After stating the foregoing facts.) The petition as amended is one in which the petitioners seek to recover payments in excess of the $1500 purchase-price of the property here involved, less such payments made more than one year previous to October 6, 1940, which the court on demurrer held to be barred by the statute of limitations. The amended' prayer was, accordingly, for $1065, and this amount is sought to be recovered on the theory that the contract, Exhibit “B,” was a usurious one and all interest therein calculated and paid was forfeited.

The court, in passing upon the general ground of…