{
  "id": 1652937,
  "name": "Murdock Acceptance Corporation v. Clift",
  "name_abbreviation": "Murdock Acceptance Corp. v. Clift",
  "decision_date": "1953-06-22",
  "docket_number": "5-155",
  "first_page": "313",
  "last_page": "315",
  "citations": [
    {
      "type": "official",
      "cite": "222 Ark. 313"
    },
    {
      "type": "parallel",
      "cite": "259 S.W.2d 517"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "222 Ark. 141",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1652856
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/222/0141-01"
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    {
      "cite": "222 Ark. 127",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1653068
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/222/0127-01"
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    },
    {
      "cite": "220 Ark. 601",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1660015
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/220/0601-01"
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  ],
  "analysis": {
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    "char_count": 3747,
    "ocr_confidence": 0.509,
    "pagerank": {
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  "last_updated": "2023-07-14T18:48:42.003901+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Murdock Acceptance Corporation v. Clift."
    ],
    "opinions": [
      {
        "text": "Ward, Justice.\nOn May 13, 1952, appellee and her husband, Henry Clift, went to the Scallion Motor Co. and completed arrangements to purchase a 1949 Model Chevrolet Automobile which had been advertised for sale for $1,295. In substance the deal was for Henry Clift to trade in a 1947 Willys Station Wagon and pay $57 per month for 24 months, which payments were inclusive of interest, insurance, and a small amount designated as \u201cDealer\u2019s Reserve.\u201d After all papers had been prepared it was learned that Henry Clift was not 21 years old, and so it was agreed to prepare new papers in the name of appellee. This was done and all papers were signed by appellee as of May 14, 1952.\nThere is some conflict in the testimony regarding certain details of the transaction, but appellee admits she signed the Conditional Sale Contract presently described. The said contract, No. 27433 and dated May 14, 1952, described a 1949 Model Chevrolet Convertible Conpe. In bold type appears the following:\nFor a TOTAL TIME PRICE of..............................$1,882.00\nPayable ON OR BEFORE DELIVERY......$ 514.00\nLeaving a DEFERRED BALANCE..................$1,368.00\nPayable at office of Murdock Acceptance Corporation to be hereafter designated in installments of 24................................................$ 57.00\nThe last line above appellee\u2019s signature reads: \u201cExecuted in duplicate, one.copy of which was delivered to and retained by purchaser, this 14 day of May,. 1952.\u201d On the reverse side of the above contract appears an assignment by the Scallion Motor Co. to the Murdock Acceptance Corporation.\nOn July 22, 1952, suit was filed by appellee to cancel the above sale contract for usury. The Chancellor found in favor of appellee and appellants have appealed.\nA \u201cCustomer\u2019s Statement\u201d introduced in evidence shows that the balance of $1,368 due on the contract was arrived at as follows:\nDelivered price of car........................$1,494.00\nDown payment .......................................$ 514.00\nUnpaid balance ....................................$ 980.00\nThe price differential....................$ 388.00\nTotal balance ..........................................$1,368.00\nThere are different explanations of how the items $1,494 and $514 were arrived at, but it is unnecessary to discuss them in view of the decision hereinafter reached.\nThe Conditional Sale Contract described above brings this case clearly within the decision in the case of Hare v. General Contract Purchase Corporation, 220 Ark. 601, 249 S. W. 2d 973, and Crisco v. Murdock Acceptance Corporation, 222 Ark. 127, 258 S. W. 2d 551, and calls for a reversal of this case.\nThe price differential of $388 not only included interest and insurance premium but also included an item of $19.60 which is designated as \u201cDealer\u2019s Reserve,\u201d and it is argued that this shows the relationship of agency existed between the dealer and appellant, Murdock Acceptance Corporation. This same question was resolved against appellee\u2019s contention in the recent case of Aunspaugh v. Murdock Acceptance Corporation, 222 Ark. 141, 258 S. W. 2d 559.\nDuring the pendency of this ease in the trial court appellee made payments into court on her contract in the amount of $285. In its decree the trial court gave appellee judgment for this amount. It also appears that appellee has possession of the car and that no payments have been made since the date of the Chancellor\u2019s decree. For these and other good reasons, it is determined that the mandate of this court should be issued immediately.\nReversed.",
        "type": "majority",
        "author": "Ward, Justice."
      }
    ],
    "attorneys": [
      "Lowell W. Taylor and Owens, Ehrman & McHaney, for appellant.",
      "H. B. Stubblefield, for appellee."
    ],
    "corrections": "",
    "head_matter": "Murdock Acceptance Corporation v. Clift.\n5-155\n259 S. W. 2d 517\nOpinion delivered June 22, 1953.\nLowell W. Taylor and Owens, Ehrman & McHaney, for appellant.\nH. B. Stubblefield, for appellee."
  },
  "file_name": "0313-01",
  "first_page_order": 337,
  "last_page_order": 339
}