Trcka v. Bragmans Bluff Lumber Co.

Plaintiff sued defendant for alleged breach of the terms of a contract verbally entered into “previous to July 21st, 1925,” with the understanding, however, “that defendants were to make up a memorandum of agreement and send it to your petitioner for signatures,” which said memorandum of agreement was in fact executed and signed by both parties on July 21, 1925.

The defendant pleaded an exception of no cause of action; whereupon the trial judge ruled that said exception be maintained “in so far as plaintiff seeks to recover on a contemporaneous, collateral, verbal contract,” and overruled “in…