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HAT'S EQUIPMENT, INC. v. WHM, L.L.C.

No. 2011 CA 1982.

92 So.3d 1072 (2012)

HAT'S EQUIPMENT, INC. v. WHM, L.L.C.

Court of Appeal of Louisiana, First Circuit.

May 4, 2012.

Attorney(s) appearing for the Case

Rodney N. Erdey , Denham Springs, LA, for Plaintiff/Appellant WHM, L.L.C.

Jenel G. Secrease , Ponchatoula, LA, for Defendant/Appellee Hat's Equipment, Inc.

Before GAIDRY, McDONALD, and HUGHES, JJ.

HUGHES, J.

In this suit on open account, defendant/appellant, WHM, L.L.C. (WHM) appeals the summary judgment rendered against it. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

On February 2, 2009 WHM rented a Caterpillar 320CL (serial # PAB05589) from plaintiff/appellee, Hat's Equipment, Inc. (Hat's Equipment). The Caterpillar was rented on a month-to-month basis at the rate of $6,955.00 per month. WHM paid the...

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