Dunn v. Midland Loan Finance Corp.

Peterson, Justice.

This action is brought to secure the possession of an automobile, and to cancel as usurious the conditional sales contract under which plaintiff purchased the car, which has been assigned to defendant. The pleadings show that on December 24, 1938, plaintiff purchased the car under conditional sales contract from Alvin Motors, Inc., herein referred to as the dealer. The contract was assigned to defendant, an automobile finance company, which seized the car on January 23, 1939, because of plaintiff’s default, and retains possession of it under the provisions of the contract.

On…