Know The Facts, Inc. v. Ryan

Sullivan, J. S. C.

This action, in the nature of a specific performance suit, was instituted against Clendenin J. Ryan in May, 1956. It came on for trial in May, 1957, continued for a period of two weeks, and was then adjourned to October 1, 1957. The plaintiff completed the presentation of its case two days prior to adjournment and the defendant then commenced his defense and presented the testimony of several witnesses. The defendant Ryan was not called as a witness prior to the adjournment. On September *45512, 1957, and before the trial could be resumed, the defendant Ryan died by his own hand.…