Moffitt-Harrison Builders, Inc. v. Sandman

Plaintiff and appellant, Moffitt-Harrison Builders, Inc., a corporation, brought this action to foreclose a chattel mortgage securing a note executed by both Charles L. Sandman and Marilyn Sandman, husband and wife, defendants and appellees.

The defendants’ answer and cross-petition, insofar as need be considered here, alleged the note sued upon was usurious and void, and asked that it be canceled and the defendants recover all payments made thereon.

There were other allegations in the cross-petition which defendants claimed entitled them to damages but the trial court held they were not…