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DUFRENE v. TRACY

No. 42699.

94 So.2d 297 (1957)

232 La. 386

August DUFRENE et al. v. James J. TRACY et al.

Supreme Court of Louisiana.

Dissenting Opinion February 26, 1957.

Rehearing Denied April 1, 1957.

Attorney(s) appearing for the Case

Coe, Nowalsky & Lambert, Edward R. Schowalter, New Orleans, for defendants-appellants.

Pertuit, Gemeinhardt, Johannesen & Roberts, by W. F. Gemeinhardt, New Orleans, for plaintiffs-appellees.

MOISE, Justice.

The defendants appeal from a judgment of the district court, which set aside a power-of-attorney, coupled with an interest. The power provided that the defendants vindicate title to property. The contract contained a suspensive condition, and at the time of its execution there was neither ownership nor possession of the immovable. Plaintiffs' suit is predicated on alleged failure of performance.

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