DAWSON, District Judge.
This is a motion brought by the defendant for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. on the ground that defendant is entitled to judgment as a matter of law. The action is one for breach of contract.
The following facts exist without substantial controversy: The plaintiff and defendant entered into a written agreement dated December 6, 1955, wherein the defendant promised and agreed to sell...
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