TEXTRON, INC. v. WHITENER

No. 5-5312.

458 S.W.2d 367 (1970)

TEXTRON, INC., Appellant, v. Billy Ray WHITENER, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 2, 1970.


Attorney(s) appearing for the Case

Murphy, Arnold & Blair, Batesville, for appellant.

Darrell Hickman, Searcy, for appellee.


HOLT, Justice.

This is an action to recover $12,969.52 which is the balance due on a promissory note executed by appellee to appellant as part of a poultry financing arrangement. The trial court, sitting as a jury, found the transaction usurious. The evidence disclosed that after some verbal negotiations, the parties entered into a written contract whereby appellant was to finance the purchase of 10,800 pullets by appellee. Pursuant to one of the terms of the written...

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