Begay v. Foutz & Tanner, Inc.

I dissent.

In Begay, the trial court made 39 findings of fact. The defendant challenged none.

A. Facts and conclusions in Begay.

Begay is a Navajo Indian, an uneducated person who does not speak English and whose understanding of commercial and legal matters is extremely limited. Defendant is a retail outlet that sells groceries and other merchandise, including Indian jewelry and other Indian goods, and which has a substantial pawn business.

On July 6, and July 24, 1974, Begay left several items of jewelry with defendant as collateral for a thirty day loan of $200.00 identified by pawn ticket #…