Commercial Equipment Distributors, Inc. v. Anderson
Docket: 82 CA 0527
Court: Louisiana Court of Appeal; April 4, 1983; Louisiana; State Appellate Court
The Court of Appeal of Louisiana upheld the judgment favoring Commercial Equipment Distributors, Inc. against Mike Anderson regarding a lease dispute over three commercial microwave ovens. The defendant, Mike Anderson, had ceased payments due to dissatisfaction with the ovens' performance and subsequently requested their return, asserting they were unsuitable for his restaurant's needs. The plaintiff, responsible for repairs, had made five service calls prior to the cessation of payments. The court noted that Anderson's complaints largely stemmed from attempting to cook excessive quantities of food simultaneously, rather than issues with the ovens themselves. The trial judge found no evidence that Anderson relied on any misrepresentations about the ovens' capabilities, as he had prior experience with microwaves and switched to larger models expecting faster cooking. The judge concluded that Anderson did not pursue available remedies under Louisiana Civil Code, which allows a lessee to either have repairs made and deduct costs from rent or sue for lease cancellation. The court emphasized that a lessor’s failure to maintain equipment does not justify non-payment of rent. Anderson’s cited case, Dehan v. Youree, was deemed inapplicable as it pertains to the right to vacate premises when the leased item is unfit for its intended purpose. The court affirmed the trial judge's findings, concluding that Anderson did not provide sufficient evidence to support his claims of misrepresentation or the unenforceability of the lease. The salesman was aware of the defendant's need for faster cooking and confirmed that the proposed commercial microwave ovens would indeed cook food quicker. The trial court found that the plaintiff did not claim the commercial ovens would cook larger quantities in less time compared to smaller ovens, and this factual finding was deemed not manifestly erroneous. Consequently, the trial court's judgment was affirmed, with costs assigned to the defendant. Additionally, relevant Louisiana Civil Code articles were noted: Article 2692 mandates that a lessor must maintain the leased item in a condition suitable for its intended use. Article 2693 requires the lessor to deliver the item in good condition and to make necessary repairs during the lease, excluding those the tenant is responsible for. Article 2694 allows the lessee to compel the lessor to make necessary repairs; if the lessor fails to do so, the lessee can make the repairs and deduct the costs from the rent. Article 2729 states that either party's failure to fulfill obligations may lead to the lease's dissolution without the option for the judge to delay this process.