Shore v. Cantor

The opinion of the court was delivered by

Parker, J.:

This is an action to recover an amount claimed as the balance due for a sale of merchandise.

The case was filed August 24, 1943, and was first set for trial to a jury on April 29, 1944, the date of trial to be May 6, 1944. May 6 on application alleging illness of the defendant a continuance was granted until June 14. On the date last indicated defendant again made application for continuance on account of illness. This mo*643tion was resisted by plaintiff but was allowed by the trial court and the trial continued until July 22 on condition that…