Morgan v. O'Bannon & Julien
Supreme Court of Louisiana
Appeal from Sixth Judicial District Court, Parish of Morehouse; J. P. Madison, Judge. Action by John D. Morgan against O’Ban-non & Julien and others. Judgment of dismissal, and plaintiff appeals.
1Opinion of the Court
On Exception of no Cause of Action.
BREAUX, C. J.
This is an action to set aside a sale on the ground of lesion beyond moiety.
Defendants’ exception of no cause of action was sustained, and plaintiff’s petition dismissed.
The facts are that in the year 1905 plaintiff sold to a partnership, of which E. O’Ban-non and Chas. J. Julien were the partners, the pine timber upon the land described in plaintiff’s petition.
The price was $1 per thousand feet, log scale, for all the timber upon the land to be paid on delivery.
It is taken as true, for the purpose of deciding the suit, that the price stated was…
2Cases cited4 opinions
- Smith v. Huie-Hodge Lumber Co.Supreme Court of Louisiana · 1909
- Shepherd v. Davis Bros. LumberSupreme Court of Louisiana · 1908
- Snoddy v. BrashearSupreme Court of Louisiana · 1858
- Snoddy v. BrashearSupreme Court of Louisiana · 1848
3Cited by14 opinions
- Beatty v. ViningLouisiana Court of Appeal · 1962
- Wilkins v. NelsonSupreme Court of Louisiana · 1924
- Harvey v. EnglerSupreme Court of Louisiana · 1936
- Brewster Development Company, Inc. v. FielderLouisiana Court of Appeal · 1973
- Evergreen Plantation, Inc. v. ZunamonLouisiana Court of Appeal · 1975
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