HARPER, District Judge.
The United States instituted this suit to recover the sum of $25,000, a sum equal to the amount paid by the defendant to one James A. Waechter, an attorney employed by the defendant to help acquire from the plaintiff certain real estate, being war surplus property. The action is based upon the defendant's alleged breach of one of the provisions of the contract of sale. The contract of sale contained a provision, as follows:
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