Ladd v. Flato

The opinion of the court was delivered by

Dawson, J.:

The only question here concerns the propriety of the trial court’s refusal to grant a .continuance.

The plaintiff sued the defendant for the half of a commission on a sale of real estate. At a first trial of the action there was a verdict for plaintiff, but it was for an inadequate sum and was set aside and a new trial awarded. The second trial was set for October 11, 1916, the plaintiff coming all the way from Minnesota to attend it. On the day set for the trial, the defendant, who resided in Kansas City, Mo., sent a telegram from Alamosa,…