McBRIDE, Judge.
This suit is based on a written document reading as follows:
"This contract is only a tentative contract to be drawn up—Mr. Mermelstein's atty.
"Sam Mermelstein this date, May 23-51 entered into an agreement with myself Wallace J. Schwab to operate boat 35' known as the Sandra to be operated on a Rental Basis to ____ Oil Co. Sam Mermelstein is to receive 1/3 of the net income per month the upkeep and repairs to be paid by Schwab...
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