91 So. 297 | La. | 1922
By Division B, composed of Justices O’NIELL, LAND, and BARER.
Plaintiff sued to compel the execution of an alleged contract on the part of defendant to buy certain real estate from him. He alleged that he was “emancipated and married”; from which it may be inferred that he is a minor¡ emancipated by marriage. He annexed to his petition a document purporting to be a contract between defendant and George Sladovich. 1-Ie also claimed $10,000 damages alleged to have been suffered in consequence of defendant’s refusal to carry out the contract. In a supplemental petition, he alleged that the George Sladovich who had signed the contract had acted as his agent. He did not allege, however, that he had given a written power of attorney, or written authority, to sell the property. In this supplemental petition, he claimed the $10,000 damages only in the alternative, that is, in the event the court should not compel performance of the contract.
Defendant filed an exception of no cause or right of action. Thereafter, and before the exception was acted upon, plaintiff filed, without further pleading or explanation, a document dated previous to the contract sued on, and purporting to be a power of attorney from George Sladovich, Jr., to George Slado-vich, Sr., authorizing the latter to sell the property on such terms as he might deem proper. The exception of no cause of action was sustained, and the suit was dismissed. Plaintiff has appealed.
The judgment is affirmed, at appellant’s cost.
Kehearing refused by Division 0, composed of Justices DAWKINS, ST. PAUL, and THOMPSON.