Page:Hare v. General Contract Purchase Corp., 220 Ark. 601 (1952).pdf/4

604 because the truck was sold on credit and appellee claims that there are many cases from this Court, and from other jurisdictions, which permit a "credit price", as distinguished from a cash price. The cases cited by appellee sustain the general theory, but even the credit price may be attacked as a cloak for usury.

But the facts in the case at bar disclose that there was never any "credit price" actually stated. We have before us the original Conditional Sales Contract between Hare and Meeks, and it recites:

"Total cash price of automobile and all extra equipment Cash on or before delivery Allowance on car traded in Rh Total down payment Rh Deferred Balance of Cash Price Time Price Differential (Including any Insurance), Rh Balance of Time Price

Which said balance of time price is payable in 21 consecutive equal monthly installments of $68.53 each."

On the reverse side of the original contract, there is the assignment from Meeks to General Contract Purchase Corporation and also an affidavit, duly acknowledged by Hare and Meeks, which, omitting signatures and acknowledgment, reads:

"The undersigned Purchaser and Seller of the within motor vehicle hereby swear and affirm that the