Stonebraker v. Zinn

Miller, Chief Justice:

We are asked in this appeal to reexamine the nature of an installment sales contract for the purchase of land and to declare such a contract as being entitled to the same protections and restrictions afforded analogous instruments such as deeds of trust. In the alternative, we are asked to declare the forfeiture clause of the contract between the parties to be a penalty and therefore unenforceable. Finally, we are asked to hold that the trial court erred in dismissing appellant’s usury claim prior to consideration by a jury.

The facts are not in substantial dispute. On…