Reynolds v. Succession of Williams

ON REHEARING

MARVIN, Chief Judge.

In this action filed in 1990 to foreclose on a 1966 vendor’s lien note that was payable in monthly installments over 23 years, this court granted a rehearing to consider whether, as the original opinion of the three-judge panel held, a “clerical error” had been made and no usurious interest had been “collected,” or whether, on the other hand, an LRS 9:3501 “contract” for usurious interest arose from the circumstances which resulted in usurious interest being paid and received.

Rejecting the plaintiffs’ demands for a judgment for $9,439, the trial court’s…