Southern Fleet Leasing Corp. v. Brown

The suit giving rise to this appeal was purely and simply a cause of action by a lessor against the lessee for failure to pay rent installments when due, thereby entitling the lessor to accelerate the balance of the rent due and to collect attorney’s fees, pursuant to the terms of the written lease. Plaintiff at no time sought to bring a cause of action against defendant for an alleged willful conversion of the leased movable property.

Accepting the facts as found by the trial court and the majority opinion, plaintiff could have stated two different types of causes of action against defendant:…