Moore v. Pan American Petroleum Corp.

Alabama Court of Appeals

Moore v. Pan American Petroleum Corp.

148 So. 440, 25 Ala. App. 452, 1933 Ala. App. LEXIS 107

CourtAlabama Court of Appeals

DecidedMay 23, 1933

Docket7 Div. 938.

StatusPublished

This text of 148 So. 440 (Moore v. Pan American Petroleum Corp.) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. Pan American Petroleum Corp., 148 So. 440, 25 Ala. App. 452, 1933 Ala. App. LEXIS 107 (Ala. Ct. App. 1933).

Pincite

Opinion

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. -

Free access — add to your briefcase to read the full text and ask questions with AI

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. -

Cite This Page — Counsel Stack

Bluebook (online)

148 So. 440, 25 Ala. App. 452, 1933 Ala. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-pan-american-petroleum-corp-alactapp-1933.