Windhorst v. Adcock Pipe & Supply

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Windhorst from judgment for plaintiff Adcock for $713.17 plus $250. attorneys’ fees, in a suit on an open account.

Plaintiff Adcock filed suit against defendant Windhorst for amounts allegedly due on an open account. Defendant counterclaimed seeking recovery of double the amount of interest charged and cancellation of the principal of the account alleging the interest rate charged by plaintiff was usurious. Both parties moved for summary judgment which was overruled by the trial court.

After trial before the court without a jury the…