The back of the lease contained default provisions, specifically that in the event of nonpayment of any installment of rent lessor was entitled to terminate the lease, sell or rerent the equipment and recover damages for the balance due under the lease, less the amount recovered by the selling or rerenting. It also provided that lessor was entitled to recover from lessee costs and attorney fees incurred in enforcing the lease.
Thomas Saulsberry testified that the equipment worked for a short time, but malfunctioned during an electrical storm. Upon contacting lessor’s agent, James Hogan, Saulsberry was told to take the equipment to the vendor. He did so and repairs were made under the vendor’s warranty which was expressly assigned by the purchaser-lessor to the lessee under the terms of the lease. A second malfunction (apparently caused by a blown internal fuse) occurred approximately 20 days later. Saulsberry again contacted Hogan and was again told that the vendor was responsible for maintenance. Saulsberry, however, told Hogan to pick up the equipment and ceased making the monthly payments. The equipment sat idle for six months. When continued efforts to obtain payment of the monthly rental were unsuccessful, Hogan did take possession of the equipment. He later advised Saulsberry the equipment had been repaired and offered to return it. Saulsberry’s response to this offer was that he did not want the machine. He directed Hogan to sell it and then they would make arrangements to settle the difference.
This litigation ensued with appellant seeking damages for breach of the lease. Respondents appeared unrepresented by counsel. From the summary of the evidence set forth above it is obvious there exists no dispute over the execution or the terms of the lease and the guarantee.