Carter v. Warde Capital Corp.

I respectfully dissent from the majority opinion. In Bjornstad v. Perry, supra, 92 Idaho at 405, 443 P.2d at 1002, cited above, the Supreme Court stated:

Under certain circumstances, such as where usury is eliminated from the transaction by agreement of the parties before the issue is submitted for judgment of the court, the transaction may be purged of usury. Sanford v. Kunz, 9 Idaho 29, 71 P. 612 (1903). However, the court cannot reform the transaction after an action has been brought to enforce the contract and the claim of usury has been interposed. Brown v. Home Credit Co., 137 So.2d 887…