Highway Equipment & Supply Co. v. Jones

This is an action on a promissory note in the principal sum of $3,798.37, brought by the plaintiff, Highway Equipment & Supply Co., against the defendants, Dewey L. and Buck E. Jones. Defendants asserted usury as a defense and also that the original indebtedness was the result of misrepresentation and fraud in the sale of a power shovel by plaintiff to defendants. A jury was waived and, after trial, the district court found for the plaintiff for the amount due on the note, including interest and charges. The defendants have appealed.

On March 8, 1962, the defendants executed a note payable to…