R.T.L. CORP. v. BATON ROUGE EQUIP. RENTALS

No. 82 CA 0755.

433 So.2d 299 (1983)

R.T.L. CORPORATION v. BATON ROUGE EQUIPMENT RENTALS, INC., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 29, 1983.


Attorney(s) appearing for the Case

R. Michael Caldwell, Baton Rouge, for plaintiff-appellant: R.T.L. Corp.

G. Michael Pharis, Baton Rouge, for defendant-appellee: Baton Rouge Equipment Rentals, Inc., et al.

Before LOTTINGER, COLE and CARTER, JJ.


COLE, Judge.

This is a suit by the lessor of a fifty-ton crane against the sublessee of the crane for damages caused to the crane by the sublessee's employee. At issue is whether or not the trial court erred in holding that the lessor's claim had been compromised due to repairs to the crane which were effected by the sublessee and which were allegedly accepted by the sublessor, when compromise was not set forth as an affirmative defense in the sublessee's answer....

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