FELTON, Chief Judge.
The defendant contends that the evidence shows that there had been a rescission of the contract or that the plaintiff had released him from his obligation under the contract. The defendant contends that this came about as a result of a conversation he had with the plaintiff during the last week of September of 1956. This conversation as testified to by the defendant was as follows: ". . . So I went over to Adair's place and he was in the front...
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