COMMERCE INS. AGENCY, INC. v. HOGUE

Nos. CA 92 0327, CA 92 0328.

618 So.2d 1048 (1993)

COMMERCE INSURANCE AGENCY, INC. v. Trudeau J. HOGUE, III. Trudeau J. HOGUE, III and Hogue & McAdams Insurance v. Ernest L. McADAMS, Jr., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 16, 1993.


Attorney(s) appearing for the Case

Dowell R. Fontenot, and M. Aubrey McCleary, Jr., Baton Rouge, for plaintiff-appellant Commerce Ins. Agency, Inc.

John Dale Powers and Mary A. Cazes, Baton Rouge, for defendant-appellee Trudeau J. Hogue, III.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.


FOIL, Judge.

In these consolidated suits brought by the parties to a contract of sale, we are asked to determine whether the contract is enforceable and whether either of the parties is entitled to damages. The trial court ruled that the contract was a nullity due to failure of consideration, but refused to award either party damages. We reverse the factual finding of the trial court on the enforceability issue and hold that the party seeking to enforce the contract...

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