Hendrix v. Harry's Cadillac Co.
This text of 16 S.E.2d 456 (Hendrix v. Harry's Cadillac Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action under C. S., 2306, to recover an amount of alleged usurious interest paid by the plaintiff to the defendants in a transaction involving the purchase and sale of a second-hand automobile, with deferred payments secured by conditional sale contract.
An examination of the evidence convinces us that the transaction involved was indeed a sale and not a loan, and therefore the cause of action alleged by the plaintiff is not sustained by the evidence. Note, 48 A. L. R., p. 1442; 57 A. L. R., p. 880; 91 A. L. R., p. 1105.
The judgment of the Superior Court is
Affirmed.
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Cite This Page — Counsel Stack
16 S.E.2d 456, 220 N.C. 84, 1941 N.C. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendrix-v-harrys-cadillac-co-nc-1941.