FOSTER, Circuit Judge.
In this case the petition substantially alleges:
That appellee had contracted with appellant to float a bond issue of $2,000,000 on appellant's property, contingent on a favorable report of a competent oil engineer to be employed by it, and for whose services appellant was to pay; that E. De Golyer, an oil engineer of national reputation, was employed pursuant to the exchange of the following telegrams:
"De Golyer estimates that...
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