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Westlake Finance Co. v. Brown

JUNE 18, 1969.

WESTLAKE FINANCE COMPANY, A CORPORATION, PLAINTIFF-APPELLEE,

v.

ALFIELD BROWN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. VINCENT W. TONDRYK, Judge, presiding. Affirmed.

MR. PRESIDING JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.

On August 24, 1967, plaintiff obtained a judgment by confession against defendant on a retail installment contract and wage assignment. A proceeding to confirm the judgment by confession was commenced and on June 24, 1968, the trial court denied defendant's motion for judgment on the pleadings and confirmed the judgment by confession for $861.90.

In his appeal from that judgment, defendant raises the sole point that his motion for judgment on the pleadings should have been granted because the Retail Installment Contract that he executed with plaintiff's assignor shows on its face that the transaction violated the usury provisions of the Consumer Finance Act.

Evidence

The facts of the instant case are not in dispute. On June 28, 1963, Pappy Motors, Inc., sold defendant a used 1958 Buick for $950. Defendant made a down payment of $150 ($70 in cash and an $80 note) and executed a Retail Installment Contract. On its face the Retail Installment Contract shows the following items in abbreviated form:

(a) Price of car ............................ $ 950 -

(b) Down payment: Cash $70.00 ... 80.00 note .................................. $ 150.00

(c) Unpaid balance .......................... $ 800.00

(d) Finance charge plus amount, if any, charged for following insurance coverages ............................. $ 654.40

No insurance coverages included except as checked below:

For term of 24 months from date hereof:

[x] Fire and Broad Form Theft

[] $100.00 Deductible Collision [The amount of $100.00 was ...


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