Legal Opinion
Wenning v. Jim Walter Homes, Inc.
District Court, S.D. Indiana
Decided December 15, 1978No. NA 78-52-CPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
DILLIN, District Judge.
Background
This case is before the Court on plaintiff’s motion for determination as a class action and on cross-motions for summary judgment.
In substance, the amended complaint alleges two violations of the Uniform Consumer Credit Code (the Code), which was adopted in Indiana in 1971. I.C. 24-4.5-2-101 through 24-4.5-2-605.
The first of the alleged violations is that defendants took a negotiable promissory note as evidence of indebtedness in consideration for the sale of a house. This is prohibited by I.C. 24-4.5-2-403, which reads in pertinent part:
“…
2Cases cited6 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Elmo E. Koos, Sr. And Caroline M. Koos v. First National Bank of PeoriaCourt of Appeals for the First Circuit · 1974
- Horvath v. DavidsonIndiana Court of Appeals · 1970
- Eisen v. Carlisle & JacquelinDistrict Court, S.D. New York · 1972
- Hamrick v. Indianapolis Humane Society, Inc.District Court, S.D. Indiana · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Delebreau v. Bayview Loan Servicing, LLCCourt of Appeals for the Fourth Circuit · 2012
- Kendrick v. Jim Walter Homes, Inc.District Court, S.D. Indiana · 1981