BRYAN, Circuit Judge.
Appellee recovered judgment against appellant in an action which alleges the breach of a contract to furnish the kind of mortar that had been specified by an architect for use in the construction of a building which appellee built under an agreement with Thomas Watts, the owner. The architect's specifications called for mortar containing one part of cement to two and a half parts of clean sharp sand, and gave permission that "the mortar, as above...
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