Tharpe v. Tracy

This is an action for the recovery of a commission on the sale of real estate. Defendant filed exceptions of no right or cause of action which were sustained by the District Court, but on appeal this Court reversed the judgment and remanded the case for further proceedings; Tharpe v. Tracy, La. App.,40 So.2d 509.

During trial on the merits it developed that E. A. Tharpe Company, a partnership composed of E. A. Tharpe, Sr., and E. A. Tharpe, Jr., was the real entity at interest as party plaintiff. Upon this development defendant objected to further proceedings in the suit and filed an exception…