BROWN v. FENNER

No. 86CA1712.

757 P.2d 184 (1988)

Charman BROWN, Plaintiff-Appellant, v. Judith Ann FENNER, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

May 26, 1988.


Attorney(s) appearing for the Case

Plaut, Lipstein, Beckman, P.C., Bruce Gordon, Lakewood, for plaintiff-appellant.

No appearance for defendant-appellee.


JONES, Judge.

Charman Brown appeals an order of the trial court which held that the 50 percent interest rate on a promissory note was unlawful and unenforceable, and awarded interest at the statutory rate of eight percent. We reverse and remand.

The uncontroverted facts are that Brown is a realtor and is not regularly engaged in selling of credit transactions or making loans. On November 21, 1983, Judith Ann Fenner executed a promissory note to Brown in the...

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