Harlow v. Walton Loan Corp.

I respectfully dissent but only with respect to Division 3 of the Court’s opinion. Although I agree that there is no evidence of intentional misleading or a deliberate effort to collect more than the law allowed, I believe the law was not complied with by plaintiff.

With regard to how the original complaint sought more than the balance finally specified, the plaintiff’s witness Giddings testified that the discrepancy resulted from: “A clerical error as far as figuring the rate of interest that could be charged for the amount of days that he had the loan up until the time, the date of the…