Bodenheimer v. Mary Planting & Manufacturing Co.

ON THE REHEARING.

BEAUREGARD, J.

The parties litigant stand, in this case on the same grounds originally urged to-wit: Defendant Company *137on the fact that plaintiffs were suing on a written contract unsigned. Plaintiffs, that the allegations of their petition, with the written private agreement annexed thereto were sufficient to give them a cause of action.

The decree of the lower court based on the decision of 106 Lá. 310 Ferre Canal Co. vs Burgin, sustained defendant’s exception of no cause of action dismissing plaintiff’s suit, on the ground that “the document sued on, purporting to be one…