Elliott v. Dupuy

SAMUEL, Judge.

This is a suit for specific performance of a contract to sell an interest in certain land in Jefferson and Orleans Parishes and, alternatively, for damages. There was judgment in the district court maintaining an exception of no right or cause of action and dismissing the suit for the reason that the defendants were never placed in default. The plaintiffs have appealed.

The case having been heard and decided only on the exception, all of the allegations of the original and supplemental petitions must be accepted as true. The pertinent allegations are to the following effect:

In…