CLARK, Judge.
This appeal is from denial of a motion for summary judgment by plaintiff which was certified for review. Del-Cook Timber Company contracted with Frank Bird, Jr. for the purchase of timber from his tract of land in Florida making an advance payment of $1,000. Plaintiff brought this suit for refund of this advance payment. This appeal arises out of a factual dispute revolving around the following provision in the contract:
"It is expressly agreed...
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