CAYTON, Chief Judge.
This litigation arises out of a contract under which Chalmers Co., Inc. agreed to build a house for Effie F. Evans for $15,950. On July 29, 1948, by check made payable to that company, Mrs. Evans made her initial payment of $2500 under the contract but no work was ever started on the house, and in January 1949 she filed suit to recover that sum. She named as defendants Chalmers Co., Inc. and its president, James H. Prentice, charging in her complaint...
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