NICHOLS, Presiding Judge.
1. The plaintiff does not contend that the trial court erred in sustaining the defendants' oral motion to dismiss the petition because the petition set forth a cause of action, but rather contends that under the established law of the case the trial court erred in sustaining such oral motion to dismiss the petition. This contention is based upon the fact that the bill of exceptions on the first appearance of the case before this court stated...
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