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Moore v. Pan American Petroleum Corp.

Moore v. Pan American Petroleum Corporation.

Moore v. Pan Am. Petroleum Corp., 148 So. 440 (Ala. Ct. App. 1933)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
May 23, 1933
Docket
No. 7 Div. 938.
Judges
Rice
Citations
148 So. 44025 Ala. App. 4521933 Ala. App. LEXIS 107

Opinion of the Court — Rice

RICE, Judge.

Aésuming, as appellant would have us do, that the sole determinative question on this appeal is the admissibility in evidence vel non of “the contract offered in evidence by the plaintiff Trans, pp. 12 to 18 inclusive,” we would find, upon a reference to the transcript pages noted, that the “contract” he mentions is really two apparently separate and distinct “contracts.”

But we are not disposed to be technical, so we simply hold that neither of the purported “contracts” was admissible in evidence for the simple reason, waiving all others, that neither of same is, or corresponds to, that described — abortively, and insufficiently, no doubt — in his complaint.

So the judgment of the lower court is affirmed.

Affirmed. -

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