Wilcox v. Moore

The question before us is whether the described transaction is a sale of property, or a loan of money (at a usurious rate of interest), secured by what we are asked to hold is a mortgage.

Defendant Moore, and then wife Elfriede, were desirous of buying a home. One John Stoppert owned the house and lot they wanted. Through White Brothers, brokers, the Moores enterd into a written agreement for the purchase. The sale price in the preliminary agreement was $21,200. It was later “adjusted” to $20,608.39. Of this sum $100 was given by Mr. Moore to the broker as a down payment at the office when the…