PAGE, Circuit Judge.
Appellant's bill, dismissed for want of equity, shows that, after it had loaned a copartnership $41,000, to aid it in performing its contract to build a road in Indiana, with some understanding, unenforceable except as to the partnership, that appellant should have in payment the monthly estimates under the contract, one of the copartners died, and the surviving partners qualified as such in the Marion county probate court, as required by law...
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