FAIRCHILD, J.
From the photostat of the Cemetery's record, we could speculate that the excuse allegedly given by the Cemetery and relayed to plaintiff by the Funeral Home, namely that grave No. 1 was already occupied, is true and would defeat plaintiff on the merits even if we follow his theory of the law.
The parties have not stipulated, however, that the photostat may be considered and it is not properly before us. The question here, as in the circuit court...
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