GARDNER, Circuit Judge.
The appellee as plaintiff brought this action against appellant for the recovery of damages on account of breach of contract. The parties will be referred to as they were designated in the lower court.
Prior to July 12, 1924, the Youngberg Construction Company, not a corporation but a trade-name, was engaged in the construction of certain roads, viaducts, culverts, and bridges under contract, in the states of North and South Dakota...
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