McDERMOTT, District Judge.
In a suit upon a written contract for the sale of 75 tank cars of gasoline, the trial court directed a verdict for the defendant (the buyer) at the close of the opening statements for both sides, receiving, as a part of such statements, the contract sued on. Under such circumstances, our inquiry is directed to the question of whether the petition stated a cause of action, and whether any statement of counsel affirmatively precludes recovery...
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