Ganus v. Jopes

WARD, Judge.

Usury is the issue in this appeal. The Trial Court found the lender, Thurman Ganus, had charged usurious interest to the borrowers, Joseph and Denise Jopes. As a consequence, the Trial Court held that all interest paid must be returned to Mr. and Mrs. Jopes. We agree the interest was usurious, and we affirm.

On December 11, 1978, Thurman Ganus and his wife sold immovable property to Joseph Jopes and his wife in a credit sale for $68,376.25. Mr. and Mrs. Jopes made a cash payment of $19,830.00 and signed a promissory note for the balance, $48,-546.25. The note provided for payment…