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MONTGOMERY v. FOREMAN

No. 8608.

410 So.2d 1160 (1982)

J. Boring MONTGOMERY, M.D., Plaintiff-Appellant, v. Ronald J. FOREMAN, Executor of the Succession of J. Y. Foreman, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1982.

Attorney(s) appearing for the Case

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Daniel G. Fournerat and Gordon T. Whitman, Lafayette, for plaintiff-appellant.

Hayes, Fazzio & Durio, Steven G. Durio, Lafayette, for defendant-appellee.

Before GUIDRY, SWIFT and STOKER, JJ.

STOKER, Judge.

This case presents two basic issues on appeal: (1) Whether the contract in question creates a mandate or agency "coupled with an interest" of the agent; and (2) if so, whether the contract remains valid after the death of the agent.

The facts in this case are easily stated. J. Boring Montgomery, M.D. (Montgomery), is one of several co-owners of certain tracts of land in Lafayette, Louisiana, who entered into an agreement with J. Y. Foreman ...

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