Ex Parte Three Minute Cereal Co.

GARDNER, Justice.

Petitioner insists (as the main question in the case) that the order of -continuance entered October 26, 1933, was valid, and that plaintiff in the action, having accepted the continuance on the conditions " therein stated, cannot thereafter question its validity. Humes v. O’Bryan & Washington, 74 Ala. 64; McLaughlin v. Beyers, 175 Ala. 544, 57 So. 716.

But this does not answer the exigencies of petitioner’s case. Though indefinite both as to amount and time of payment, yet for the purpose in hand the validity of the order may he conceded. It was not, however, an order on…