Walls v. Morris Chevrolet, Inc.

BAILEY, Presiding Judge:

Plaintiff sued defendants for allegedly-taking a negotiable instrument in conjunction with a consumer credit sale in violation of 14A O.S.1971, § 2-403. He sought the recovery of three times the amount of the credit service charge, the maximum penalty provided for such violations, for himself and for others similarly situated. The note and security agreement signed by the plaintiff were on the same sheet of paper and defendants demurred on several grounds, including that the papers did not include a negotiable instrument.

The trial court sustained the demurrer and…