Davenport v. Ash

Citations

• 121 La. 209
• 46 So. 213
• 1908 La. LEXIS 657

Syllabus

<p>1.Judgmeno^-Default — Pleading — Exceptions — No Cause of Action — Right to Answer.</p> <p>An exception of no cause of action not being an answer, even though filed after default, cannot he ordered by the trial court to stand as an answer; and such an order, though made upon a rule to show cause, cannot deprive the defendant of his right to file an answer.</p> <p>2. Appeal — Bill of Exceptions — Necessity.</p> <p>For having such unauthorized order re viewed on appeal, the defendant need not have taken a bill of exception to same.</p> <p>3. Principal and Agent — Action by Agent —Undisclosed Principal.</p> <p>A broker cannot sue the other contracting party for breach of a contract made in behalf of his principal; and this is so, although the principal is undisclosed.</p> <p>(Syllabus by the Court.)</p>