Calaway v. Gardner

Tunks, Chief Justice.

On July 31, 1972, James C. Calaway, appellant herein, filed suit, in the 21st District Court of Washington County against Herman L. Gardner, appellee herein, seeking judgment for specific performance of an alleged contract to sell realty. The trial court set for September 3, 1974, at 2:00 P.M., a pre-trial hearing in the case. Both parties were given notice of said hearing. At the time for the pre-trial hearing, appel-lee’s counsel timely appeared but appellant’s counsel did not. The trial court waited thirty minutes for appellant and his counsel to appear and, when they…