262 So. 3d 917
La. Ct. App.2018Background
- Plaintiff Raul-Alejandro Ramos (pro se) alleges breach of contract based on business discussions with Liberty Bank.
- After discussions, Ramos drafted, signed, and mailed a promissory note to Liberty Bank.
- Liberty Bank received the mailed note and took no further action; Ramos contends the bank's silence formed a contract.
- Liberty Bank filed exceptions of no cause of action and no right of action; the trial court sustained the no cause of action exception, denied the no right of action as moot, and dismissed with prejudice.
- Ramos appealed; the appellate court reviewed de novo whether the petition stated a legally cognizable breach-of-contract claim.
- The court concluded the petition failed to allege mutual consent/meeting of the minds and affirmed dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition states a cause of action for breach of contract | Silence after receipt of Ramos's mailed promissory note created an enforceable contract | No contract existed because there was no offer-and-acceptance/meeting of the minds | Petition fails; no cause of action; dismissal affirmed |
Key Cases Cited
- McKamey v. New Orleans Public Facility Management, Inc., 102 So.3d 222 (La. App. 4 Cir. 2012) (standard of review for exception of no cause of action)
- Meckstroth v. Louisiana Dept. of Transp. and Dev., 962 So.2d 490 (La. App. 4 Cir. 2007) (exception of no cause of action tests legal sufficiency of petition)
- Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234 (La. 1993) (same principle regarding pleading sufficiency)
- Haskins v. Clary, 346 So.2d 193 (La. 1977) (on accepting well-pleaded facts as true for the exception)
- Read v. Willwoods Cmty., 165 So.3d 883 (La. 2015) (meeting of the minds requirement for contract formation)
- In re Succession of Flanigan, 961 So.2d 541 (La. App. 4 Cir. 2007) (elements required to form a valid contract)