Falcone v. Palmer Ford, Inc.
Falcone v. Palmer Ford, Inc.
Opinion of the Court
delivered the majority opinion of the Court. Horistey, J., dissents. Dissenting opinion at p. 500, infra.
The appellant, Falcone, bought a used tractor truck from the appellee, Palmer Ford, Inc., in August 1960. Falcone was either unable or unwilling to pay cash so the sale was on time with deferred monthly payments over a period of three years which were secured by a conditional sales contract which fully met the requirements and specifications of the Retail Installment Sales Law, codified both in Code (1957) and Code (1965 Replacement Vol.), as Art. 83, §§ 128 to 153. The final cash price of the vehicle, after deduction of the cash down payment and the trade-in allowance for an old truck, was $6,742.31. To this was added insurance premiums paid by the seller (as permitted by §§ 129 (6), 131 and 132 of Art. 83) in the amount of $248.75, making “the principal amount financed” $6,991.06. Sec. 132 (a) provides that “the time balance” in an installment sale of a motor vehicle “may include a finance charge and •charges for insurance premiums, subject to the provisions of this section.” Sec. 132 (b) specifies that:
“The finance charge imposed on the sale of a motor vehicle shall not exceed the following rates:
Class 1. Any new motor vehicle—$9 per $100 per year on the principal balance.
Class 2. Any used motor vehicle designated by the manufacturer by a year model not more than two years prior to the year in which the sale is made— $12 per $100 per year on the principal balance.
Class 3. Any used motor vehicle designated by the manufacturer by a year model more than two years prior to the year in which the sale is made—$15 per $100 per year on the principal balance.”
The tractor truck which Falcone bought was in Class 2, which would have permitted a finance charge of “$12 per $100
“If any seller or holder of the installment sales agreement for a motor vehicle shall collect a finance charge on a motor vehicle greater in amount than the maximum specified in this section, or a service charge, the seller shall forfeit to the buyer all finance charges paid or payable under said agreement unless the overcharge results from a bona fide error in computation which is corrected within sixty days from the date of the installment agreement.”)
The basis of Falcone’s claim of an overcharge is that § 132 (b) of Art. 83, correctly read, means that the maximum finance charge—which he considers and refers to as “interest,” although the statute does not—is to be figured on a declining principal balance so that as each monthly payment is made, interest then due is deducted and credited, and what remains of the monthly installment is applied to principal and a new principal balance thus arrived at.
Palmer Ford’s theory is, first, that the statute contemplates and authorizes installment payments which will aggregate and
Palmer Ford offered testimony which Judge Shure permitted the jury to receive, over Falcone’s objection, that it was the custom in Maryland and nationally to treat the “principal balance” as the sum of the unpaid balance of the cash price, the cost of insurance, and official fees, and the custom in Maryland to compute the finance charge by multiplying the number of years over which the repaying installments are to stretch by the agreed rate so that where, as here, the time was three years and the rate $7 per $100 per year the finance charge customarily would be 21% of the principal balance.
At the close of the testimony offered on behalf of Falcone, Palmer Ford moved for a directed verdict which was refused, and then renewed its motion after all the testimony was in. This motion too was denied, as was Falcone’s motion for a directed verdict in his favor made at the close of Palmer Ford’s case.
Judge Shure submitted the interpretation of the retail installment sales statutes to the jury and furnished them with photostatic copies of §§ 129, 132 and 152 (the definition section) of Art. 83 for use in their deliberations. The jury returned a verdict for Palmer Ford and Judge Shure overruled Falcone’s motion for judgment N.O.V. and entered a judgment for Palmer Ford.
The parties agree that Judge Shure erred in submitting the meaning of the statutes to the jury and Falcone contends that it was improper and erroneous to permit evidence of custom or practical construction. It is established beyond doubt that the construction and interpretation of statutes is for the court
We find the provisions of the Retail Installment Sales Law here applicable and pertinent to be plain and unambiguous and their meaning clearly to be perceived from a reading of the words used by the Legislature. Therefore, although the court erred in not itself construing the statutes and in allowing evidence of practical construction and usage relative to them to' be offered, the errors were not prejudicial because the court should have directed a verdict for Palmer Ford as a matter of law.
Falcone’s basic argument falls into two parts. First, he contends that unless the court construes the rates specified in § 132 of Art. 83 to mean rates of interest which are subject to the declining balance technique—that is, unless the phrase “$12 per $100 per year on the princpial balance” used in § 132 be read as meaning “$12 per $100 per year on the unpaid principal balance”—-Ch. 80 of the Laws of 1954 which added then § 119A—now § 132—to Art. 83 of the Code under the subtitle “Retail Installment Sales” to fix “the maximum rates which may be charged in retail instalment sales of motor vehicles, * * * and also providing penalties for overcharges” would be unconstitutional because there would be a variance between the title and the body of the Act. He reaches this conclusion on the premise that the word “rates” in the title must have the meaning and only the meaning of “rates of interest.” The word rate has numerous and varied meanings apart from that of a measure of interest, as for example, hotel rates, the
Falcone supports the second thrust of his basic argument— that the phrase “principal balance” in § 132 of Art. 83 should be read to mean a declining principal sum, the then unpaid principal balance—by saying that (1) the general rule is that as much as is necessary of each periodic partial payment on account of an indebtedness is first to be applied to pay the interest then due on the indebtedness and the balance then is to-be applied to reduce the principal amount of the indebtedness; (2) if the declining balance requirement is not read into the Retail Installment Sales statutes any seller could, under the maximum finance charge allowed by law, make “nearly double the return on its money as compared with charging interest [presumably at the maximum of $12 per $100 per year permitted] on the unpaid balance or almost 24 percent,” which Falcone says “is immoral,” because “in Maryland, the general interest rate is 6 percent. Article 49, Section 1, of the Maryland Code, 1957.”
In Beete v. Bidgood, 7 B. & C. 453, 108 Eng. Rep. 792, where an estate, the cash value of which was sixteen thousand pounds, was sold for twenty thousand eight hundred pounds payable in stated installments (the added four thousand eight hundred pounds would have made the transaction usurious if it had been a loan of money), it was held in 1827 that the case arose “out of a contract for the sale of an estate, and not for the loan of money. * * * [And] in that there was no illegality.”
The Supreme Court adopted the same view in 1861 in Hogg v. Ruffner, 66 U. S. (1 Black) 115, 17 L. Ed. 38, noting that to constitute usury there must either be a loan and the taking of usurious interest or the taking of more than legal interest for the forbearance of a debt or sum of money due, and holding:
“But it is manifest that if A propose to sell to B a tract of land for $10,000 in cash, or for $20,000 payable in ten annual instalments, and if B prefers to pay the larger sum to gain time, the contract cannot be called usurious. A vendor may prefer $100 in hand to double the sum in expectancy, and a purchaser may prefer the greater price with the longer credit; and one who will not distinguish between things that differ, may say, with apparent truth, that B pays a hundred per cent, for forbearance, and may assert that such a contract is usurious; but whatever truth there may be in the premises, the conclusion is manifestly*497 erroneous. Such a contract has none of the characteristics of usury; it is not for the loan of money, or forbearance of a debt.”
Our predecessors took the same view. Williams v. Reynolds, 10 Md. 57, held that for there to be usury there must be a loan of money and that the sale of a valid promissory note at a discount was not usurious because there was an actual sale and not a loan. Bailey v. Poe, 142 Md. 57, took the same view.
Almost all states recognize and apply this rule. See the discussion in Judicial and Legislative Treatment of “Usurious” Credit Sales, 71 Harv. L. Rev. 1143 (1958), and Usury-Applicability of State Usury Laws to Installment Sales, 62 Mich. L. Rev. 1268 (1964); and see 6A Corbin, Contracts § 1500. Some typical relatively recent cases which are illustrative are: Lincoln Loan Service, Inc. v. Motor Credit Co., Inc. (Mun. Ct. App. D. C.), 83 A. 2d 230; Luchesi v. Capitol Loan & Finance Co. (R. I.), 113 A. 2d 725; Steffenauer v. Mytelka & Rose, Inc. (N. J. Super.), 210 A. 2d 88; Carolina Industrial Bank v. Merrimon (N. C.), 132 S. E. 2d 692; Uni-Serv Corp. of Mass. v. Commissioner of Banks (Mass.), 207 N. E. 2d 906.
As retail installment sales grew in number throughout the country, courts increasingly took sharper looks at such transactions to make sure that there was a sale in substance and actually rather than a sale in form only which masked a loan of money or forbearance of a debt, and more state legislatures enacted statutes governing retail installment sales which, although recognizing that such sales were not loans subject to the usury laws, limited the amount by which the time price could exceed the cash price and imposed other desirable safeguards for the protection of buyers. See 71 Harv. L. Rev. 1143 and 62 Mich. L. Rev. 1268, both referred to above.
Maryland enacted its Retail Installment Sales Act in 1941 by Ch. 851 of the Laws of that year and added the provisions as to motor vehicles, as we have heretofore noted, by Ch. 80 of the Laws of 1954. Ch. 80 provided that “except as herein specifically provided in this section [132], the provisions of the ‘Retail Installment Sales Law’ shall remain unaffected.”
A review of the various pertinent provisions of the Mary
Sec. 152 contains definitions of terms used. Subsection (j) defines “cash price” to mean the minimum price for which the article may be purchased for cash from the seller by the buyer. “Principal balance” is defined in subsection (1) to be “the amount to be entered as item (8) pursuant to subsection (a) of § 129.” “Finance charge” is (subsection (m)) “the amount in excess of the cash price of the goods sold, agreed upon by the seller and the buyer, to be paid by the buyer for the privilege of purchasing goods under the installment sale agreement.” (Emphasis supplied.) “Time balance” says subsection (n) “means the amount to be entered as item (10) pursuant to subsection (a) of § 129.”
Sections 128, 129, 132 and 152 read together completely deflate Falcone’s arguments. The parties signed the writing required by § 128 in full and proper form. In it Falcone agreed to buy the tractor truck and to have title remain with Palmer Ford until it was paid for. Falcone further agreed, as § 129 contemplates and provides, that he owed a principal balance of $6,991.06 (and also agreed as to the amount and character of
Confirmation of legislative intent—that the principal balance-is a constant and not a declining amount—is furnished by § 138 of Art. 83 which gives the buyer the right to prepay all or any part of “the unpaid time balance” in full before maturity, and provides that the seller must refund to him “a portion of the finance charge” which is to be at least as great a proportion of the “total finance charge” as the proportion of the total of the periodic payments scheduled after the time of prepayment bear to the total original time balance or, alternatively, the amount of the total finance charge figured per month under the number of months scheduled in the agreement multiplied by the number of months “by which the payment of the time balance has been anticipated by the buyer.” The refund set tip-by § 138 is not based on or related to the principal balance (or unpaid principal balance) but on the “unpaid time balance,” and the refund contemplated is a finance charge no part of which goes to the reduction of the principal balance at any
It is to be noted also that the Legislature has, in another situation, shown by appropriate language a recognition of the difference between a constant principal balance and an unpaid principal balance (a declining balance). The Land Installment Contracts Act, Code (1957), Art. 21, § 110, et seq., is an act very similar to the Retail Installment Sales in its requirements of setting out specified items in a certain order and manner and its definition of the final figure as the “principal balance.” Sec. 112 of Art. 21 sets a maximum rate of interest but unlike § 132 (b) of Art. 83 provides that the interest on “the unpaid balance” shall not exceed 6% per annum, and immediately thereafter directs an application of the installment payments in the way Falcone argues retail installment sale payments should be applied to create a declining balance.
We have been referred to and have found but one pertinent case decided under a law similar to the Maryland Retail Installment Sales Law. The Minnesota Supreme Court decided in Van Asperen v. Darling Olds, Inc., 93 N. W. 2d 690, that their Act did not require computation of the Minnesota “time price differential” (the Maryland “finance charge”) to be computed on a declining principal balance.
We find that judgment was correctly entered for Palmer Ford.
Judgment affimed, with costs.
. Falcone acknowledges there are many legislative exceptions-to the basic allowed 6% rate of interest such as the 36% allowed' by the Uniform Small Loan Law, Code (1964 Replacement Vol.), Art. 58A, § 16; the 6% “or one-half per cent (J4%) per month,” plus “service charges in advance, for services rendered or to be rendered, and expenses * * * of four dollars ($4.00) or one twenty-fifth (1/25) of the original principal amount of the loan or advance, whichever is greater, on any loan or advance not in excess in original principal amount of five hundred dollars-($500.00); twenty dollars ($20.00) or one-fiftieth (1/50) of the-original principal amount of any loan or advance whichever is greater, the original principal amount of which is in excess-of five hundred dollars ($500.00),” and the specified delinquent charges, on loans over $300 and up to $1,500 under the Maryland
Dissenting Opinion
filed the following dissenting opinion.
I agree with the majority in all respects except as to the manner in which the “finance charge” on the “principal amount financed” was calculated. Instead of the seller making a finance charge oí 21% for three years on the whole principal amount financed of $6991.06, or a charge of $1468.22, I think the finance charge should have been figured at the rate of $7 (the agreed charge instead of $12 permitted by law) on $6991.06 for one year, on $4660.70 for one year and on $2330.36 for one year for this reason: Since the word “per” as used in
I would reverse.
Reference
- Cited By
- 24 cases
- Status
- Published