Superior Oil Co. v. Humble Oil and Refining Company

The majority holds that since the Court must interpret the contract, the case must be tried on the merits rather than disposed of on the dilatory exception of prematurity. The holding, in my opinion, is unsound.

Article 930 of the Louisiana Code of Civil Procedure provides:

“On the trial of the dilatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.”

At the hearing on the dilatory exception, the parties offered evidence. It consisted both of testimony and an admission of fact and genuineness…