HOLMES, Circuit Judge.
This is an action to recover the balance of the purchase price of a casinghead gasoline plant. The terms of sale provided that $5,000 should be paid in cash, $4,000 on February 16, 1930, and $4,000 on the sixteenth of each succeeding month until ten such payments had been made, plus a final payment of $3,000 one month later.
It was further agreed between the vendor and vendee that said deferred payments should be made only out of profits...
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