PONDER, Justice.
In this suit the plaintiff is seeking to recover from the defendant the sum of $4,088 alleged to be due under the terms of a contract entered into between the parties on July 17, 1952. The defense to the suit is to the effect that the contract is not binding because it was dependent upon a suspensive condition that did not occur. On trial the lower court gave judgment in favor of plaintiff for the amount claimed and the defendant has appealed.
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