NORTHCOTT, Circuit Judge.
This is an action brought in January, 1932, by appellant (hereinafter referred to as plaintiff) against appellee (hereinafter referred to as defendant), in the superior court of Guilford county, N. C. The action was removed to the District Court of the United States for the Middle District of North Carolina, and tried in January, 1933. Defendant filed a counterclaim, and at the trial, after hearing evidence on behalf of the plaintiff, the...
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