Henrickson v. Drotts

The opinion of the court was delivered by This is an action by plaintiff-appellee, a grain dealer, to recover the balance due on an open running account from defendant-appellant, a farmer and long time customer of plaintiff. The petition alleged that the defendant owed plaintiff the sum of $18,014.91 as of June 1, 1974, according to the account which was annexed to the petition as Exhibit A. Defendant answered plaintiff's petition denying the correctness of the account; alleging the account was outlawed under K.S.A. 60-512; and further alleging that plaintiff had at various and irregular intervals of time illegally charged and added interest to the account at a usurious rate; and further that plaintiff had failed to disclose the rate of interest charged as required by law.