Herring v. Breedlove

HAWTHORNE, Justice.

Plaintiff Jolly F. Pierring instituted this suit seeking to recover damages in the sum of $10,576.07 from Edward C. Breedlove. The lower court dismissed his suit on an exception of no cause or right of action, and he appealed to the Court of Appeal, Second Circuit, which transferred the case to this court because it lacked appellate jurisdiction.

In considering the exception which was sustained by the lower court, all well pleaded allegations of plaintiff’s petition must be accepted as true. The material allegations are as follows:

In December of 1945 plaintiff discussed with…