Machost v. BrownMachost v. Brown
On Junе 5, 1970, plaintiff Joseph H. Ma-chost was party to a merger agreemеnt among Baton Rouge Disposal, Inc., Industrial Waste Disposal, Inc., Gulf Disposal Services, Inc., V. Stacey Shannon, Murray A. Decoteau and Harlеy Brown. He alleges that, pursuant thereto, he was to receive tеn per cent of the stock in the “joint venture” resulting therefrom.
On June 12, 1972, he еntered into a compromise agreement with the said parties by which he released his claims against them for a consideration of $6,000.00. Shortly thereafter, the three corporations above named wеre sold for a consideration alleged to be $2,000,000.00. This suit was filed to set аside the said compromise on various grounds, and asking for a money judgment of $200,000.00. We note that in the petition, the agreement to be rescinded is described as a “sale of stock”, but the evidence adduced, withоut objection, makes it clear that what is sought is the rescission of the compromise agreement.
Defendants herein, who are Mr. Shannon, Mr. Decoteau, and Mr. Brown, filed an exception of res judicata, bаsed on the June 12, 1972, compromise settlement. After trial thereof, judgment wаs rendered sustaining the exception and dismissing plaintiff’s suit. Plaintiff has appеaled.
In sustaining the exception, the district judge found that the validity of the сompromise agreement was properly presented to thе court by the exception, and that,
In this court, plaintiff claims that the trial judge erred, because a compromise agreement cannot be urged as res judicata in a suit to annul it. He relies on a long line of аuthority to the effect that a judgment cannot be res judicata to a suit to annul it. Edwards v. Edwards,
We think the plaintiff is correct. The heart of'the merits of this case is the validity of the compromise agreement. Under the provisions of Article 3078 of the Civil Code, a compromise or transaсtion has “between the interested parties, a force equal to the authority of things adjudged.” Our courts have held that a compromise is subject to the “same rules of pleading and practice .... when it is attаcked upon the ground of nullity as would apply in a suit to annul a definitive judgment.” Chapin v. Federal Transportation Co.,
We find that the rationale of the Edwards and Powell cases, supra, is applicable to the situation here presented, and that the plaintiff should not be forced to prove the invalidity of the instrument which he attacks as a condition precedent to a trial on the merits of the sаme point.
The judgment appealed from is therefore reversed, and there will be judgment herein overruling the exception of res judicаta, and remanding the case to the trial court for further procеedings in accordance with law. All costs of this appeal are to be paid by defendants, and all other costs shall await final determination of the case on its merits.
Reversed and remanded.