Shelton v. Armstrong

REBERBOULT, S. J.

This appeal involves the sole question of the right of the Chancellor to overrule complainant’s motion to dismiss his suit without prejudice, under the circumstances shown by the record. The original bill was filed July 7, 1937, alleging breach of a contract of employment in that defendant had underpaid complainant on the basis of the contract. Answer was filed March 30,1939, denying the averments of the bill, averring a compliance with the contract, and pleading a settlement and account stated.

Complainant’s own deposition was taken on May 26, 1939. This was all the proof…