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INTERNATIONAL HARVESTER CREDIT v. SEALE

No. 87-C-1378.

518 So.2d 1039 (1988)

INTERNATIONAL HARVESTER CREDIT CORPORATION v. I.T. SEALE, et al.

Supreme Court of Louisiana.

Rehearing Denied February 25, 1988.

Attorney(s) appearing for the Case

Daniel A. Smith, Deutsch, Kerrigan & Stiles, New Orleans, for applicant.

David M. Cohn, Shows, Clegg & Cohn, Baton Rouge, John Pucheu, Eunice, Charles S. McCowan, Jr., David K. Nelson, Kean, Miller, Hawthorne, Darmond, McCowan & Jarman, Baton Rouge, amicus curiae for Massey Ferguson, Inc.

Joe E. Thompson, Baton Rouge, amicus curiae for Deep South Equipment Dealers Ass'n and Affiliated Members.

Miles P. Clements, Terry A. McCall, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, Michael Fischer, Foley & Lardner, Washington, D.C., amicus curiae for J.I. Case Co.

Aaron Frank McGee, Guillory & McGee, Eunice, amicus curiae for Charles W. Abell, Sr., et al.

David A. Fraser, Brame, Bergstedt & Brame, Lake Charles, amicus curiae for Fontenot Motors, Inc.

COLE, Justice.

This is a case of statutory interpretation. La.R.S. 51:487 provides for the liability of a manufacturer upon the manufacturer's failure to timely repurchase from the retailer farm equipment and repair parts following cancellation or discontinuance of a written contract between the parties. The issue presented is whether the provision imposes a 100% penalty against the manufacturer, in addition to requiring full reimbursement for the equipment and 90...

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