ELLIOTT v. DUPUY

No. 45.

127 So.2d 260 (1961)

Mrs. Marie Amlie Dupuy ELLIOTT et al. v. August C. DUPUY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 13, 1961.

Certiorari Granted April 24, 1961.


Attorney(s) appearing for the Case

Maurice G. Indest, New Orleans, for plaintiffs-appellants.

Reginald T. Badeaux, Jr., New Orleans, for defendant-appellees.

Before McBRIDE, REGAN and SAMUEL, JJ.


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...

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