Boerner v. Colwell Co.

Opinion

MANUEL, J.

Plaintiff Florentine Boerner and eight other named plaintiffs commenced this class action against defendant The Colwell *41Company (Colwell), alleging in substance that certain transactions involving its purchase of installment contracts for the construction of vacation homes constituted usurious loans to the purchasers of such homes (including plaintiffs) and seeking appropriate equitable and monetary relief. Pursuant to stipulation of the parties the cause was bifurcated for trial, the issue of defendant’s liability to be tried first to the court sitting without a jury, and…