761 So. 2d 652 - Mesa v. Spurlock’s Empirical Analysis

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1 state decisions

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1. “The doctrine of forbearance is succinctly defined in First National Bank v. Higgs, 406 So.2d 673 , 675 n. 1 (La.App. 2d Cir.1981), as follows: Forbearance is a circumstance which can give rise to estoppel. Forbearance exists when a creditor acquiesces in or tolerates substandard performance of an obligation by the debtor without exercising his rights to enforce the obligation, thereby implying that such conduct is sufficient. When forbearance reaches the level of equitable estoppel the creditor will be barred from suddenly demanding strict performance in order to avoid injustice to the debtor. Calhoun v. Huffman, 217 So.2d 733 (La.App. 3d Cir.1969); Sternberg v. Mason, 339 So.2d 373 (La.App. 1st Cir.1976). However, the creditor’s mere acquiescence or forbearance by not using all of his rights, when accompanied by protest or complaints to the |4debtor, does not rise to the level of estoppel which will later bar the creditor form using those rights to enforce the obligation. Burris v. Gay, 324 So.2d 11, 14 (La.App. 2d Cir.1975), writs denied 326 So.2d 377 . An obligee’s mere gratuitous forbearance from exercising its legal rights under the instrument of indebtedness does not create an agreement to extend the period of indebtedness. John M. Parker & Co. v. Guillot, 118 La. 223 , 42 So. 782 (1907). Similarly, an extension of the debt cannot be inferred from a mere forbearance to sue where no extension of time is ever expressly granted by the holder. See Mutual Nat’l Bank v. Coco,”

   1 later decision quote this exact passage
   e.g. 815 So. 2d 1091 - Mesa v. Wares