Dumaine Co. v. Gay. Sullivan Co.

McCALEB, Judge.

In our original opinion (see 188 So. 163), we dismissed the plaintiff’s suit on an exception of no right of action as it was our view. that the allegations of the petition disclosed that plaintiff purchased the sugar from the defendant in its capacity as a broker or agent and that, as such, it was without authority to maintain an action for breach of contract. A careful reconsideration of the matter on rehearing has convinced us that our former ruling is not well founded.

The pertinent part of the' plaintiff’s petition, against which the exception of no right of action is…