FAIRCHILD, J.
The circuit court, in dismissing the pea in abatement, appears to have considered the provisions of the contract and the purported notice of termination, which were properly before the court on the motion for summary judgment, but which were not incorporated in the plea in abatement. In their briefs and upon oral argument here the parties have argued the matter virtually as if those facts were a part of the plea. Under the circumstances, we will consider...
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