PHILLIPS, District Judge.
This is an appeal, under section 24a of the Bankruptcy Act (Comp. St. § 9608) from an order of the District Court in the bankruptcy proceedings of Fred Clifton, bankrupt. The facts are these:
On April 14, 1923, Clarence Underhill, the appellant, and Fred Clifton, the bankrupt, entered into a written contract. In this contract, Underhill is referred to as party of the first part, and Clifton as party of the second part.
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