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REBMAN v. REED

No. 53490.

286 So.2d 341 (1973)

William H. REBMAN and Gertrude Gardner, Inc. v. C. Espy REED. On Writ of Certiorari, or Review, to the Court of Appeal, Fourth Circuit, Orleans Parish.

Supreme Court of Louisiana.

December 3, 1973.

Attorney(s) appearing for the Case

Leon H. Rittenberg, Jr., Polack, Rosenberg & Rittenberg, New Orleans, for plaintiffs-applicants.

H. L. Hammett and Robert E. Leake, Jr., Hammett, Leake & Hammett, New Orleans, for defendant-respondent.

DIXON, Justice.

This is a suit for damages and attorney's fees resulting from an alleged breach of a contract to sell an immovable. The judge of the trial court sustained an exception of no cause of action filed by the defendant and dismissed the suit. The Court of Appeal affirmed, 274 So.2d 850; we granted certiorari.

The function of the peremptory exception of no cause of action is to test the sufficiency in law of the...

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