DAWKINS, District Judge.
Plaintiff in error, who was also plaintiff in the court below, on August 29, 1921, sued to recover damages for alleged breach of a contract to receive certain oil which it claimed to have been made with defendant on July 15, 1919. In February, 1924, an amended petition was filed, which is not involved here, and on May 5th of that year a second amendment was made, which alleged that Charles D. Willits, "trading under the firm name and style...
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