Avis Rent a Car System, Inc. Truck Division v. Elmer Candy Corp.

REDMANN, Judge.

Plaintiff leased trucks to defendant over a two-year period. After their business relationship terminated, plaintiff claimed a balance due on lease charges. Defendant excepted that the claim was partially prescribed, theorizing that the balance was merely the sum of six individual disputed charges, of which four were over three years old. Defendant argued that the other two charges (for substitute trucks kept after repair of regular trucks) were not due, and alternatively that one had been remitted by defendant’s issuing a credit.

From judgment for the total claimed, defendant…