PACE v. RIZZUTO

No. 2026.

182 So.2d 809 (1966)

Charles PACE and Frank J. Caracci v. Phillip RIZZUTO.

Court of Appeal of Louisiana, Fourth Circuit.

February 7, 1966.


Attorney(s) appearing for the Case

LeBrun, McGee & Karno, Wallace C. LeBrun, Metairie, for plaintiffs-appellants.

Cronvich, Ciaccio, Wambsgans & Perry, Philip C. Ciaccio, Joseph M. Perry, Jr., Metairie, for defendant-appellee.

Before YARRUT, HALL and BARNETTE, JJ.


BARNETTE, Judge.

Plaintiffs-appellants have appealed devolutively from a judgment rejecting their demands and dismissing their suit brought upon an alleged assumption by defendant-appellee and promise to pay an indebtedness of $4,784 owed to plaintiffs by third parties.

The case presents three issues, one of law and two of fact. The first question is whether the alleged oral assumption and promise to pay the debt of third persons is an exception to the parol...

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