PHILLIPS, District Judge.
This action was brought by George J. Downer, as plaintiff, against E. M. Goodwin and R. E. Harman, as defendants, to recover moneys in the hands of the defendants alleged to have been paid to them as the agents of the plaintiff. The petition contains eight separate causes of action. The allegations of the first cause of action, in substance, are these:
That plaintiff, owning and desiring to sell certain real estate situated in Hamilton...
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