WALKER, Circuit Judge.
The appeal is from a decree sustaining a motion to dismiss a bill in equity filed by the appellant, praying the rescission and cancellation of a contract for the sale of described land by the appellee to the appellant. That contract was entered into on September 1, 1925, and provided that, "if the" appellant "shall first make the payments and perform the covenants hereinafter mentioned on his part to be made and performed," the appellee "covenants...
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