GAMMON ENTERPRISES v. VANGUARD INV., INC.

No. CA 1228.

449 So.2d 1077 (1984)

GAMMON ENTERPRISES, INC. v. VANGUARD INVESTMENT, INC. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 25, 1984.


Attorney(s) appearing for the Case

M. Arnaud Pilié, Pilié & Pilié, New Orleans, for plaintiff.

Anthony M. DiLeo, Judy Y. Barrasso, Stone, Pigman, Walther, Wittman & Hutchinson, New Orleans, for defendant.

Before REDMANN, C.J., and GARRISON and WARD, JJ.


REDMANN, Chief Judge.

Plaintiff appeals from the maintaining of an exception of prematurity to its suit on a written contract of compromise. The exception argued that an unwritten suspensive condition, provable by parol evidence, was not fulfilled and therefore the suit was premature.

We reverse. Although parol may be admitted to prove a non-integrated side-agreement, or to show fraud or mutual mistake, nonfulfillment of a suspensive condition may not be the...

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