CAYTON, Chief Judge.
Wilbur Greene brings here for review an order of the trial court directing a verdict against him in his suit to recover a deposit on the purchase of real estate.
We must first consider a motion to dismiss which is urged upon us by appellee. This motion was first presented immediately after the record was filed here, but desiring to avoid a precipitate ruling, we ordered action thereon reserved until the hearing of the appeal on its merits...
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