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Gaston v. Bobby Johnson Equipment Co.11/3/2000
thing sold is free of redhibitory defects and is reasonably fit for its intended purpose. Although this warranty does not apply as extensively as with new products, it requires that even used equipment operate reasonably well for a reasonable period of time. Berney v. Rountree Olds-Cadillac Company, Inc., supra.
The existence of redhibitory defects is a question of fact, and the trial court's conclusions about them should not be set aside absent manifest error. Parker v. Dubus Engine Company, 563 So. 2d 355 (La. App. 3d Cir. 1990). An appellate court may not set aside a trial court's finding of fact absent manifest error or unless the fact finder is clearly wrong. Lewis v. State, Through Department of Transportation and Development, 94-2370 (La. 4/21/95), 654 So. 2d 311; Thomas v. Albertsons, Inc., 28,950 (La. App. 2d Cir. 3/27/96), 685 So. 2d 1134, writ denied, 97-0391 (La. 3/27/91), 692 So. 2d 395.
In the present case, Gaston immediately complained about the performance of the engine. The defect in the engine was so severe that, after only a short period of use, it ceased functioning entirely. Johnson attempted on several occasions to remedy the problem. As stated above, the plaintiff only had to show that a defect existed in the engine. He did not have to show the cause of the defect. These factors show that there was a redhibitory defect in the engine that was not readily discoverable. Further, the trial court fully considered the evidence concerning alleged defects in the truck and Johnson's arguments that the shaking and vibration were caused by a crushed fuel line, improper connection of the oil line, or low oil level. The trial court made a specific finding of fact, rejecting these contentions. Based upon the record before us, we find that the trial court was not manifestly erroneous or clearly wrong in that conclusion. Therefore, the plaintiff established that the engine had a redhibitory defect.
WARRANTY
Johnson argues that the trial court failed to apply the true conditions of a 90-day warranty that he received from McCoy. Johnson contends that the warranty was not extended beyond the original 90 days from the date of purchase. Johnson objects to a finding by the trial court that "The defendant gave a 90-day warranty on the engine which he stated would not begin until the engine was running properly." The record contains testimony indicating that the parties discussed the 90- day warranty period and Gaston requested that it not begin to run until the engine was adequately repaired. However, in this case we find that the application of the 90-day warranty period is not dispositive of the issues presented. The plaintiff argues that the engine had a redhibitory vice covered by the implied warranty set forth in the Louisiana Civil Code. Under La. C.C. art. 2520, the seller impliedly warrants the things he sells for reasonable use. Berney v. Rountree Olds-Cadillac Company, Inc., supra. Therefore, any argument concerning the application of the 90-day warranty is of no moment in this case. Even if this warranty was not applicable, the implied warranty against redhibitory vices is pertinent here. Accordingly, this argument is without merit.
MANUFACTURER
Johnson asserts that the trial court erred in not finding that Gaston was a manufacturer. Johnson points to the fact that Gaston had the engine installed by his own mechanic. Johnson then contends that Gaston's driver did not properly maintain the engine. Johnson argues that these facts cause Gaston to be a manufacturer who is charged with knowledge of all defects in the engine. This argument is without merit.
The issue of whether a party is a manufacturer is usually argued
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