International Harvester Credit v. Seale

518 So. 2d 1039, 1988 La. LEXIS 44, 1988 WL 1934
CourtSupreme Court of Louisiana
DecidedJanuary 18, 1988
Docket87-C-1378
StatusPublished
Cited by77 cases

This text of 518 So. 2d 1039 (International Harvester Credit v. Seale) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Harvester Credit v. Seale, 518 So. 2d 1039, 1988 La. LEXIS 44, 1988 WL 1934 (La. 1988).

Opinion

518 So.2d 1039 (1988)

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

No. 87-C-1378.

Supreme Court of Louisiana.

January 18, 1988.
Rehearing Denied February 25, 1988.

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.

*1040 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% reimbursement for the repair parts.

In this case of first impression, the trial court interpreted section 487 as authorizing the imposition of a 100% penalty. The court of appeal affirmed, holding the trial court had correctly interpreted the statute. We disagree and reverse.

FACTS

The factual and procedural background of this relatively complex case is fully reported by the court of appeal in its opinion. 509 So.2d 684 (La.App. 3d Cir.1987). What follows is a brief summary of the case.

This proceeding originated as a suit by International Harvester Credit Corporation (IHCC) to recover an overpayment from the defendants for goods returned following the dissolution of L.G. Seale & Company, Inc., a dealer of International Harvester Company, now known as Navistar International Transportation Corporation. The defendants, former shareholders and their heirs (Seale), filed a reconventional demand alleging IHCC had not paid for equipment returned in accordance with La.R.S. 51:481, et seq.

Seale asserted two basic claims, each corresponding to the class of goods returned. First, Seale claimed IHCC failed to reimburse Seale for unused equipment or "whole goods" within sixty days of shipment. The total value of this class of equipment returned was $214,569.62. Since these goods were shipped on May 26, 1983 and payment was not received until August 4, 1983, Seale asserted it was due an additional $214,569.62 as a penalty under section 487. The second claim was similar to the first except Seale claimed $67,883.66 was due as a penalty for returned repair parts.

The trial court rendered judgment in favor of IHCC on its demand, concluding Seale had been overpaid $51,074.00. With respect to Seale's reconventional demand, the trial court awarded a penalty of $178,114.64, for late payment of the returned whole goods, offsetting certain amounts owed IHCC. The trial court declined to award penalties for the repair parts, offsetting the payments made for the whole goods against what was due for the repair parts.

The court of appeal affirmed the decision of the trial court with respect to the overpayment due IHCC. It also concluded the trial court properly interpreted section 487 as providing for a 100% penalty for failure to make payment within sixty days. However, the court of appeal disagreed with the trial court's calculation of the penalties due and increased the award for whole goods to $214,569.62 and for repair parts to $75,426.88. The latter figure was awarded by the court of appeal, rather than $67,883.66, after concluding the lower figure represented only 90% of the value of the repair parts, the amount set forth by R.S. 51:483 for reimbursement cost. On application of plaintiff, we granted certiorari to review the correctness of the interpretation of these statutes by the courts below. Because we find the courts below improperly construed La.R.S. 5:487 as providing for a 100% penalty, it is unnecessary to address the other errors raised by the appellant.

*1041 THE LAW

The statute in question was enacted in 1975 by Act 283. The provisions of the Act apply to written contracts between farm equipment manufacturers and their retail dealers and operate to supplement these contracts. La.R.S. 51:481, 485. The legislation is designed to protect the dealer in the event the contract is terminated, for whatever reason, by requiring the manufacturer to repurchase the dealer's unsold inventory. The dealer has the option to elect between liquidating his inventory under his contract with the manufacturer or proceeding under the statute. When the dealership contract is terminated a dealer will typically have both new equipment and repair parts in inventory. The legislation addresses each class of inventory separately

The repurchase of new equipment or "whole goods" is governed by R.S. 51:482 which requires the manufacturer to pay the retailer, or credit his account, a sum equal to 100% of the net cost of all new equipment purchased during the twenty-four months preceeding notification of termination of the contract. Repair parts are similarly treated under section 483, except the manufacturer must reimburse the retailer for only 90% of the current net prices of the parts and the manufacturer is not obligated to repurchase certain items subject to deterioration.

The liability of a manufacturer who fails to make the specified payments within sixty days after shipment is governed by the provisions of R.S. 51:487:

In the event that the manufacturer, wholesaler or distributor fails or refuses to make payment to the retailer or his heir or heirs as required by this Part within sixty days after shipment of returned items, he shall be liable to the retailer or his heir or heirs for damages in the following amounts: (a) one hundred percent of the net cost of the equipment, implements, machinery and attachments, (b) transportation charges which have been paid by the retailer, (c) one hundred percent of the current net price of repair parts, and (d) interest at the same rate as fixed by law for legal interest, accruing from sixty days after shipment of return items. (Emphasis added).

In interpreting the statute the court of appeal stated: "We believe, despite the severity of the penalties imposed, that R.S. 5:487 is clear and unambiguous. We are, therefore, obligated to apply it as written." 509 So.2d at 697.

DISCUSSION

The term "damages," unmodified by penal terminology such as "punitive" or "exemplary," has been historically interpreted as authorizing only compensation for loss, not punishment. Vincent v. Morgan's La. T.R. & S. Co., 140 La. 1027, 1051, 74 So. 541, 549 (1917); 2 Planiol, Treatise on the Civil Law § 221 (La.State Law Inst. Translation 1959). Under Louisiana law, punitive or other "penalty" damages are not allowable unless expressly authorized by statute. Ricard v. State, 390 So.2d 882 (La.1980); Killebrew v. Abbott Laboratories, 359 So.2d 1275 (La.1978); Alexander v. Burroughs Corp., 359 So.2d 607 (La. 1978).

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Bluebook (online)
518 So. 2d 1039, 1988 La. LEXIS 44, 1988 WL 1934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-harvester-credit-v-seale-la-1988.