Edward B. Bruce Co. v. Lambour

Citations

• 123 La. 969
• 49 So. 659
• 1909 La. LEXIS 811

Syllabus

<p>1. Pleading (§ 228*) — Exception of Vagueness.</p> <p>An exception of “vagueness” does not call upon plaintiff to declare whether he sues on an oral or written contract, and, still less, where ■suit is brought on a bond, given for the faithful execution of a contract and containing the recital that a copy of the contract is thereto ■attached and made part thereof, and that the parties to the bond bind themselves in accordance with its provisions, does such an exception call on plaintiff to declare whether said principal contract is oral or written.</p> <p>[Ed. Note. — For other eases, see Pleading, Cent. Dig. §§ 584-590; Dec. Dig. § 22S.*]</p> <p>■2. Principal and Surety (§ 155*) — Actions —Petition—Sufficiency.</p> <p>Where plaintiff sues on a bond given for the faithful execution of a contract, and alleges that the amount claimed by him is wholly due, the further allegation, that there are no offsets I in favor of defendant, and that defendant has been paid all that is due him, is unnecessary, and an exception of vagueness, based on the ground that plaintiff fails to allege when, where, and how he paid defendant, is properly overruled.</p> <p>[Ed. Note. — For other cases, see Principal and Surety, Cent. Dig. § 422; Dec. Dig. § 155.*]</p> <p>3. Principal and Surety (§ 155*) — Actions— Petition — Sufficiency.</p> <p>Where plaintiff, suing on a bond given by a sales agent for the faithful discharge of his duties and the full and prompt remittance of his collections, alleges that such agent collected, for his (plaintiff’s) account, the proceeds of the sales of his goods, which, under the contract of employment, he was required to remit promptly and fully, and that he not only failed to make such remittances, in accordance with his contract, but failed to make them after amicable demand, a cause of action is disclosed as against the surety.</p> <p>[Ed. Note. — For other cases, see Principal and Surety, Cent. Dig. § 422; Dec. Dig. § 155.*]</p> <p>4. Principal and Sur