HUGHES, J.
It is contended by appellants:
1. That no contract existed between the defendants and plaintiff;
2. That plaintiff failed to perform all conditions of the contract;
3. That the original contract, if made with defendants, was modified to call for a fixed payment of not to exceed $15,000 or $19,000;
4. That at all events there was a novation, the "committee" having been substituted for the defendants as debtor of the plaintiff...
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