DeMary v. Fontenot

I respectfully dissent from the majority ■decision that the exception of no cause of action must be overruled. It is my opinion that the exception of no cause of action should be sustained, because the contract contained a suspensive condition, as to a future and uncertain event, which is not alleged to have taken place. However, I think this case should be remanded to the district court, for the purpose of allowing plaintiff to amend his petition, so as to allege that the suspensive condition has been fulfilled.

LSA-C.C. Art. 2043 provides that if an obligation is contracted on a suspensive…