Dumaine v. Gay, Sullivan & Co.

JANVIER, Judge.

This matter comes before us on appeal from a judgment sustaining an exception of no cause or right of action, which exception was based on the fact that the plaintiff, a partnership, although it had alleged that the defendant, a corporation, in the transaction involved, had acted as agent, had not alleged that the said agent had failed to disclose its principal.

Plaintiff partnership, in its original petition, alleged that it had purchased from defendant a certain quantity of sugar, which, on delivery, had proved to be defective and not in accordance with the sample, in that “it…