FREEBOURN, Justice.
The only question before this court is: Was the trial court right or wrong when, by instruction, it directed the jury to find its verdict in favor of defendant Saby on the first cause of action set forth in plaintiff White's amended complaint. It is from the judgment, following a verdict rendered in conformity to such instruction, that plaintiff appeals.
In this cause of action it was averred: That by virtue of a written agreement and contract...
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