Klipping v. McCauley

The parties are here in the same order they appeared in the trial court, and we shall so refer to them. Plaintiff sued to recover the sum of $728.00, alleged to have been charged and received by defendant in excess of lawful charges for the loan of $600.00 made by defendant to plaintiff. Defendant answered, admitting the loan transaction as alleged, but denied all other allegations of the second amended complaint. A written stipulation of the facts was filed by the parties, whereupon defendant moved to dismiss on the ground that the second amended complaint failed to state a claim for relief.…