Legal Opinion
Elliott v. Dupuy
Supreme Court of Louisiana
Decided November 6, 1961No. 45595PublishedCited by 78 opinions
1Opinion of the Court
HAWTHORNE, Justice.
Plaintiffs instituted this suit for specific performance of two contracts in which they had agreed to purchase and defendants had agreed to sell certain land.1 Alternatively they prayed for damages for breach of contract. The suit was dismissed by the district court on exception of no cause of action, and this judgment was affirmed by the Fourth Circuit Court of Appeal. See 127 So.2d 260. On application of plaintiffs we granted a writ.
It is well settled that an exception of no cause of action addresses itself to the sufficiency in law of the petition and is triable on the…
2Cases cited9 opinions
- Spiers v. DavidsonSupreme Court of Louisiana · 1957
- Pendleton v. McFarlaneSupreme Court of Louisiana · 1953
- Everhardt v. SighinolfiSupreme Court of Louisiana · 1957
- Breard v. Pyramid Oil & Gas Co.Supreme Court of Louisiana · 1938
- Texas Co. v. McDonaldSupreme Court of Louisiana · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Hero Lands Company v. Texaco, Inc.Supreme Court of Louisiana · 1975
- Mayer v. Valentine Sugars, Inc.Supreme Court of Louisiana · 1984
- Bielkiewicz v. RudisillLouisiana Court of Appeal · 1967
- Pence v. KetchumSupreme Court of Louisiana · 1976
- Barnett v. DevelleSupreme Court of Louisiana · 1974
73 more not listed; retrieve them via the Exa API.