Morgan Motor & Finance Co. v. Oliver

McDonough, Justice.

This action was originally commenced in the City Court of Salt Lake City by appellant seeking the possession of a certain automobile sold to respondent under a conditional sales contract. Respondent cross-complained alleging the contract to be usurious and hence void by virtue of Section 44-0-2, R. S. U. 1933, as amended by Chapter 42, Laws of Utah 1935; that he was entitled to a return of all moneys paid under said contract under the provisions of Section 44-0-7, R. S. U. 1933.

From a finding on all the issues in favor of appellant, respondent appealed to the district…