Bell v. Idaho Finance Co.

BAKER, District Judge.

General Demurrer to plaintiff’s complaint was sustained without disclosure of reason and without application or leave to amend. Plaintiff has appealed from the consequent judgment of dismissal.

Plaintiff asserts he paid usurious interest to the defendant, finance company assignee of 'conditional sale contract, and accordingly seeks to recover the statutory penalty of the amount paid “plus twice the amount” of such interest, section 27-1907 Idaho Code. He alleges that on November 9, 1948, he purchased an automobile from the McCormick Used Cars under conditional sale…