CARTER ENTERPRISES v. SCOTT EQUIPMENT CO.

No. 46,862-CA.

91 So.3d 1134 (2012)

CARTER ENTERPRISES, LLC, Plaintiff-Appellee v. SCOTT EQUIPMENT COMPANY, LLC, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 11, 2012.


Attorney(s) appearing for the Case

McNew, King, Mills, Burch & Landry, Monroe, LA, by Brady D. King, II , for Defendant-Appellant, Scott Equipment Company, LLC.

Cook, Yancey, King & Galloway, Shreveport, LA, by Brian A. Homza , for Defendant-Appellant, Volvo Construction Equipment North America, Inc.

Colvin Law Firm, Shreveport, LA, by James Henry Colvin, Jr. , Cole B. Smith , for Plaintiff-Appellee, Carter Enterprises, LLC and Third Party Defendant-Appellee, Top Dollar Scrap & Recovery, LLC.

Before STEWART, GASKINS and DREW, JJ.


GASKINS, J.

The defendant, Scott Equipment Company, LLC ("Scott"), appeals from a trial court decision granting the plaintiff, Carter Enterprises, LLC ("Carter"), rescission of the sale of a scrap handler purchased from the defendant together with an award of attorney fees and court costs. Scott was given a credit for the value of the use, and Carter was ordered to return the scrap handler to the defendant. Scott also appeals the trial court grant of a post-trial...

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