Seebold v. Eustermann

Julius J. Olson, Justice.

On May 17, 1941, plaintiff entered into a conditional sales contract with defendant copartners for the purchase of a Ford truck with certain accessories. Possession of the vehicle was duly given to him. (The corporate defendant was eliminated from the case by the trial court, and, since no complaint is being made here, we shall hereinafter refer to the copartners as the only defendants.)

In August this suit was brought; its purpose, to have the sales contract “cancelled and vacated,” because under its terms defendants “exacted as interest” on the unpaid portion of the…