Legal Opinion

Rabon v. Turner

Louisiana Court of Appeal

Decided October 30, 1959No. 9082PublishedCited by 2 opinions

1Opinion of the Court

AYRES, Judge.

This is an action under an obligation of warranty contained in a deed of conveyance of property from defendant to plaintiff. Plaintiff has appealed from a judgment sustaining an exception of no cause of action.

In the consideration of an exception of no cause of action every well-pleaded fact contained in plaintiff’s petition must be accepted as true. Conclusions of the pleader are not to be so considered. Hicks v. City of Monroe Utilities Commission, La.App., 108 So.2d 127. The plaintiff is presumed to have alleged the strongest pertinent facts of which his case is susceptible…

2Cases cited9 opinions

  1. Bonvillain v. BodenheimerSupreme Court of Louisiana · 1906
  2. Bologna Bros. v. StephensSupreme Court of Louisiana · 1944
  3. Bickham v. KellySupreme Court of Louisiana · 1926
  4. Hausler v. NuccioSupreme Court of Louisiana · 1949
  5. Abney v. LevySupreme Court of Louisiana · 1929

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3Cited by2 opinions

  1. Brewster v. HinesWest Virginia Supreme Court · 1971
  2. Brewster v. HinesWest Virginia Supreme Court · 1971

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