(Download) "Terrace Irrigation District v. Braiden" by Colorado Supreme Court " eBook PDF Kindle ePub Free

May 07, 2021

eBook details

Title: Terrace Irrigation District v. Braiden
Author : Colorado Supreme Court
Release Date : January 27, 1933
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

The above is a summary of the opening brief of the plaintiff in error, plaintiff below, whose sole contention is that the trial court committed prejudicial error in applying the money lenders statute to the sale of an automobile on credit. Plaintiff relies upon Gilbert v. Hudgens, 92 Colo. 571, 22 P.2d 858, a case which it says is similar to the present one. The court at page 573 of that opinion said, in reference to what was attempted to be done in that case, the following, which the plaintiff here claims is conclusive that the trial court in the pending action was misled in its judgment: "Parties are entitled, irrespective of usury statutes, to make such spread as they may agree upon between cash and credit price, and the percentage of that spread is immaterial. This rule is particularly applicable to credit sales of rapidly depreciating property, such as automobiles, when the down payment is small and the purchaser takes possession. Davidson v. Davis, 59 Fla. 476, 52 So. 139, 28 L.R.A. (N.S.) 102; Atlas Co. v. Copeland, 124 Kan. 393, 260 Pac. 659; Wilson v. J.E. French Co., 214 Cal. 188, 4 P.2d 537."