Bodenheimer v. Mary Planting & Manufacturing Co.

Plaintiff’s appeal from the decree of the Court a qua dismissing their suit on an exception of no cause of action, on the ground that the suit was based on a contract of sale (annexed to the petition) but which was not signed; whereas under the authority of Ferre Canal Company vs Burgin 106 La. 306, it was within the contemplation of the parties that .such contract of sale should have borne their signatures.

This is a presumption which does not follow in view of such an exception which assails merely the sufficiency of the allegations of the petition, which, taken as true, show or not a cause…