Stalter v. 700 South Peters Street Partnership

I, ARMSTRONG, Judge.

This is an appeal from a judgment sustaining an exception of no cause of action in a breach of contract case. The arguments of the parties’ briefs center around the issue of whether or not a contract clause, purporting to terminate the plaintiff-appellant’s limited partnership interest upon his filing for bankruptcy, could be waived by the defendant-appellee limited partnership. However, regardless of the merits of that issue, we believe that the plaintiffs petition did state a cause of action because of the patent possibility, and perhaps even probability, that the…