Ruby Mae Killings v. Jeff's Motors, Inc., 490 F.2d 865 (5th Cir. 1974). · Go Syfert
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Ruby Mae Killings v. Jeff's Motors, Inc., 490 F.2d 865 (5th Cir. 1974). Cases Citing This Book View Copy Cite
14 citation events across 10 distinct courts.
Strongest positive: Ringenback v. Crabtree Cadillac-Oldsmobile, Inc., 99 F. Supp. 2d 199 (D. Conn. 2000)
How cited ↗
Cited for
At page 866 Determining finance charge amount under statutory minimums4 citing casesparties stipulated to the highest figure customarily charged for cars of the type at issue1 citing court put it this way
  • Ringenback v. Crabtree Cadillac-Oldsmobile, Inc., 99 F. Supp. 2d 199 (D. Conn. 2000).published
    (parties stipulated to the highest figure customarily charged for cars of the type at issue)
  • Davis v. Colonial Sec. Corp., 541 F. Supp. 302 (E.D. Pa. 1982).published
    Killings v. Jeff's Motors, Inc., 490 F.2d 865, 866 (5th Cir. 1974).
  • Vines v. Hodges, 422 F. Supp. 1292 (D.D.C. 1976).published 2 cites
    See Killings v. Jeff's Motors, Inc., 490 F.2d 865, 866 (5th Cir. 1974). 29 . id. 30 . 12 C.F.R. § 226.8 (c)(8)(i) (1975). 31 . 12 C.F.R. § 226.8 (b)(2) (1975). 32 . 12 C.F.R. § 226.8 (b)(7) (1975).
  • Gerald Duncan Auto Sales, Inc. v. Russell (In Re Russell), 181 B.R. 616 (M.D. Ala. 1995).published
    See, e.g., Killings v. Jeffs Motors Inc., 490 F.2d 865, 866 (5th Cir.1974); 10 Davis v. Colonial Securities Corp., 541 F.Supp. 302, 307 (E.D.Pa.1982); Vines v. Hodges, 422 F.Supp. 1292, 1300 (D.D.C.1976); Stewart v. Credithrift of America…
At page 865 GODBOLD, Circuit Judge: The appellant Ruby Mae Killings bought a used car from the appellee. She paid $300 down and signed an installment sales contract under…1 citing caseopening of page *865 (no citing court says what it cites this page for)
  • Stewart v. Credithrift of Am. Consum. Disc. Co. (In Re Stewart), 93 B.R. 878 (Bankr. E.D. Pa. 1988).published
    See Yazzie v. Reynolds, 623 F.2d 638, 643 (10th Cir.1980); Killings v. Jeff’s Motors, Inc., 490 F.2d 865, 865-66 (5th Cir.1974); Vines v. Hodges, 422 F.Supp. 1292, 1297, 1299 (D.D.C.1976); and Rowe Auto & Trailer Sales, Inc. v. King, 257 A…
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Ruby Mae KILLINGS, Plaintiff-Appellant,
v.
JEFF’S MOTORS, INC., Defendant-Appellee
73-2698.
Court of Appeals for the Fifth Circuit.
Mar 11, 1974.
Published opinion
490 F.2d 865
1974 U.S. App. LEXIS 9748
Samuel G. McKerall, Birmingham, Ala., for plaintiff-appellant., Walker Norris, Birmingham, Ala., for defendant-appellee.
Godbold, Simpson, Ingraham.
Cited by 13 opinions  |  Published
GODBOLD, Circuit Judge:

The appellant Ruby Mae Killings bought a used car from the appellee. She paid $300 down and signed an installment sales contract under which she agreed to pay $75.72 per month until the balance was repaid. The contract form contained a section for the vendor’s disclosures required by the Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq. It was filled out as follows (irrelevant portions omitted):

1. CASH PRICE $2,105.28
3. UNPAID BALANCE OF CASH PRICE 1,805.28
5. UNPAID BALANCE — AMOUNT FINANCED 1,805.28
6. FINANCE CHARGE None
7. TOTAL OF PAYMENTS 1,805.28
8. DEFERRED PAYMENT PRICE 1,805.28
9. ANNUAL PERCENTAGE RATE None
10. PAYMENT SCHEDULE: The total of payments (Iterr i 7), Is payable at seller's office . in 24 installments of $75.72 each, commencing 6/8/1971 and on the same day of each successive month thereafter.

Five months after the transaction, appellant sued under 15 U.S.C. § 1640, seeking civil damages against appellee for failure to comply with id. § 1638(a)(6), (7). Those subparts require the vendor to disclose the amount of finance charge and to express the finance charge as an annual percentage rate.

The parties submitted the case for judgment upon an agreed statement of facts. They stipulated, inter alia, that appellee had purchased the car for $760 and that for “extra clean” cars of the same make and year as appellant’s the Official Used Car Market Guide Weekly Black Book showed an average Alabama retail price of $1780 during the week in which the transaction at bar was consummated.

The District Court held that the transaction did contain an undisclosed[*866] finance charge in violation of § 1638. The appellee does not challenge this finding by cross-appeal. The trial court went on to state, however, that the amount of the charge could not be determined. Therefore, it limited appellant’s recovery to the statutory minimum (see 15 U.S.C. § 1640(a)(1)) of $100, plus $750 in attorney’s fees.

The appellant's recovery should not have been limited to $100. The parties stipulated to the highest figure customarily charged in Alabama for similar merchandise during the relevant time period. Under these peculiar circumstances the difference between that figure and the total amount to be paid by appellant necessarily constituted the amount of the finance charge which the 'court found existed. Appellant should have recovered twice $325.28, or $650.56.

Reversed and remanded for entry of judgment for $650.56 plus $750 in attorney fees. The- District Court shall award attorney fees for services of appellant’s counsel on this appeal.