CAMERON, Chief Judge.
This is an appeal from a judgment n.o.v. against the defendant, O.H. Butler, and in favor of the plaintiff Bob Wehrley, dba Bob Wehrley Realty. The matter was tried before a jury which returned a verdict in favor of the defendant Butler. Plaintiff Wehrley's motion for judgment notwithstanding the verdict was granted and from said judgment Butler brings this appeal.
We are called upon to determine:
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