Bass v. Patterson
Mississippi Supreme Court
From the circuit court of Marion county. Hon. S. H. Terral, Judge. Usury can only attach to a loan of money, or to the forbearance of a debt.
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From the circuit court of Marion county. Hon. S. H. Terral, Judge. Usury can only attach to a loan of money, or to the forbearance of a debt. It is well settled that in a contract to secure the price or value of work done, or to be done, or of property sold, the contracting parties may agree upon one price for cash, aifd upon as much in addition to the cash price as may suit themselves if credit be given; and it is immaterial whether the enhanced price be ascertained by the simple addition of a lumping sum, or by a percentage on the cash price. Gh'ceme v. Adams, 14 Am. Eep. 136 ; Tyler on…
1Opinion of the Court
Cooper, J.,
delivered tbe opinion of tbe court.
Patterson sued Bass on an open account, to which tbe defendant filed an off-set in a greater amount than tbe claim sued on, and demanded judgment for the excess. The off-set consisted of an itemized account for goods sold by the defendant to the plaintiff.
One of tbe items of this account was for $33.62, and was made up of 15 per cent, on other items of the account aggregating $224.14 for goods sold to the plaintiff, and which were not paid for by him within 30 days from the 'date of sales. There was evidence tending to prove that the agreement…
2Cases cited2 opinions
- Quackenbos v. . SayerNew York Court of Appeals · 1875
- Brooks v. . AveryNew York Court of Appeals · 1850
3Cited by10 opinions
- Carper v. Kanawha Banking & Trust Co.West Virginia Supreme Court · 1974
- Dennis v. Sears, Roebuck & CompanyTennessee Supreme Court · 1969
- Rushing v. Worsham & Co.Supreme Court of Georgia · 1898
- Crabb v. ComerMississippi Supreme Court · 1941
- Hardin v. Grenada BankMississippi Supreme Court · 1938
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