Kesterson v. Lewis

Defendant appeals a judgment awarding plaintiff $15,000 for breach of contract. He contends that the trial court erred in trying the case without an explicit waiver of his right to a jury trial and in not granting him a continuance. We affirm.

Plaintiff, claiming that defendant owed him money on an oral contract, brought this breach of contract action. Six weeks before trial, the court authorized defendant’s attorney to withdraw from representing defendant. At that time, the attorney advised defendant that the court had set a date for trial, and that defendant would not be granted a…