CARLISLE, J.
1. Headnote 1 is self-explanatory and requires no further elaboration.
2. In special ground 1 (numbered 4) error is assigned upon the following extract of the court's charge to the jury: "If you find that there has been a mistake in the execution of the written contract in this case or for any other reason the written contract is not enforceable, I charge you that this fact would not preclude the plaintiff from a recovery in this suit, but he...
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