SUTTON, C. J.
(After stating the foregoing facts.) The instrument sued on is a contract between Melvin, the owner of certain buildings and lots, and Trippe, who agreed to remove the buildings and material from the lots and to leave the lots clean and suitable for construction, and as a consideration for doing this work, Trippe was to have the wrecked buildings and material. The statement in the instrument, "That the party of the second part, H. R. Trippe, principal...
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