Sterling's Service v. Maughan

DEE, District Judge:

Defendants appeal from an order dismissing their counterclaim for damages, penalties, and attorney’s fees alleging violations of the Uniform Consumer Credit Code (hereinafter “UCCC”). Judgment on the original case was entered for plaintiff awarding him amounts remaining due on two transactions plus interest at 6 percent, U.C.A.1953, 15-1-1.

Defendants became indebted to plaintiff between 1973 and 1977 for purchases made on an open account with plaintiff’s service station and grocery store in Garden City, Utah. The parties understood that no interest would be charged as long…