WORRILL, J.
S. A. Allen sued Felix Sutton in the Superior Court of Evans County and alleged that they had entered into a written executory contract for the purchase and sale of a certain business and stock of goods owned by Sutton; that pursuant to the contract Allen, the vendee, had paid Sutton, the vendor, $1000 in cash as part of the consideration of the sale, and agreed to pay the remainder of the purchase price upon the fulfillment of certain conditions thereafter...
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