WADDILL, Commissioner.
Dr. J. H. Brooks appeals from a judgment against him in the sum of $9,000, rendered in favor of Ida A. Smith as damages for breach of contract. The question which determines our disposition of this appeal is whether or not a written instrument, agreed to and signed by the parties, constitutes a valid and enforceable contract.
The alleged contract reads in pertinent part as follows:
"`This indenture, made this 17th day of November...
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