Atkinson v. Wilcken

Plaintiff and appellant commenced this action for usury. The pretrial conference resulted in a stipulation that plaintiff, on February 18, 1952, entered into certain negotiations with defendant and respondent culminating in the delivery by defendant to plaintiff of the sum of $4,000, and the execution by plaintiff of a promissory note in the sum of $6,000, payable to defendant at $80 per month, including 6 per cent interest. It was secured by a third trust deed on plaintiff's five-unit court property. Eleven monthly payments of $80 each were made on the note. On February 6, 1953, plaintiff…