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WILDER v. HUMPHREYS

No. 4369.

2 F.2d 549 (1924)

WILDER et al. v. HUMPHREYS et al.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1924.

Attorney(s) appearing for the Case

W. H. Slay, U. M. Simon, Mike E. Smith, and Hugh B. Smith, all of Fort Worth, Tex., for plaintiffs in error.

Wm. A. Vinson and Clyde A. Sweeton, both of Houston, Tex. (Vinson, Elkins, Wood & Sweeton, of Houston, Tex., on the brief), for defendants in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

By a contract, dated December 21, 1920, between Blake Smith and A. E. Humphreys, Smith agreed to convey to Humphreys described land leases. That contract contained the following provisions:

"The said A. E. Humphreys has this day paid to the said Blake Smith as part of the consideration for said purchase the sum of $10,000, the receipt of which is hereby acknowledged, and agrees to pay him the further sum of $10,000 on the 15th day of...

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