KERNER, Circuit Judge.
Plaintiff has appealed from a judgment dismissing her complaint on the ground that it failed to state a claim upon which relief could be granted and denying her leave to file an amended complaint.
The facts stated in the complaint and admitted to be true for the purpose of testing their sufficiency are that on October 15, 1935, the parties entered into a written contract, under seal, the material portions of which are:
"Whereas...
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