YANKWICH, District Judge.
On April 10, 1939, at Seattle, Washington, Thomas L. O'Leary, as party of the first part, entered into an agreement with the defendants, E. Bean and Sy Nash, copartners, doing business as the Olympia Supply Company, as parties of the second part. O'Leary had purchased, on April 5, 1939, at the instance and request of Bean and Nash, a sawmill, at Griggs, Whatcom County, Washington, paying for it, out of his own funds, $22,000.
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