LOTTINGER, Judge.
This is an action to have a sale of real estate set aside, and in the alternative to recover damages for the fraudulent transfer of certain real estate. From a judgment sustaining an exception of no right nor cause of action, the plaintiff has appealed.
The record points out that on August 31, 1963, Philip J. Saragusa and Sam Dipaola entered into the following agreement, towit:
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