BELL, Presiding Judge.
1. "The plaintiff did not originally designate his action as one ex delicto or one ex contractu, and indeed, it was not necessary that he so designate it, for the nature of an action is to be determined, not by the designation of the pleader, but by the intrinsic contents of the petition, its recitals of fact, the nature of the wrong sought to be remedied, and the kind of relief sought." Rich's, Inc. v. Kirwan Bros.,
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