Lemoine v. Lacour - 213 La. 109, 34 So. 2d 392 (1948)

Rule:

The technical rules of pleading have been greatly relaxed, and a plaintiff now is accorded the privilege of amending his petition so as to state a cause of action if he can and thereby prevent the dismissal of his suit.

Facts:

Plaintiff buyer instituted an action for specific performance to compel defendants to make formal conveyance of a one-acre parcel of land, with improvements thereon, located in Rapides Parish. Plaintiff buyer alleged that defendant sellers agreed verbally to sell the property to him and that the sellers had refused to give him a deed to the property, notwithstanding that he had fully complied with the agreement. Defendants excepted to the petition as stating no cause of action. The exception was sustained by the district court, and the suit was dismissed. The Court of Appeal affirmed the judgment. Plaintiff buyer sought review of the decision. 

Issue:

1. In its present form, did the plaintiff’s petition state no cause of action? 
2. Should the plaintiff have been granted permission to supplement his pleadings? 

Answer:

1) Yes. 2) Yes.

Conclusion:

The court found that the lower courts correctly concluded that the petition stated no cause of action. The buyer expressly alleged that the agreement of sale was verbal. La. Civ. Code art. 2440 required that, except as provided in La. Civ. Code art. 2275, every verbal sale of immovables should be null. There was nothing in the petition to bring the case within the provisions of La. Civ. Code art. 2275. However, the buyer should have been granted permission to supplement his pleadings and to interrogate the sellers on oath regarding the verbal sale, pursuant to the provisions of La. Civ. Code art. 2275. The buyer had alleged that immediately after entering into the contract of sale, he moved on to the property and that he had lived there continuously since that time. If he could show also that the sellers, in their answers to interrogatories on facts and articles, had confessed the existence of the asserted agreement, his petition would state a cause of action.