James L. Cherry and Mildred F. Cherry v. Brown-Frazier-Whitney, Partnership

This appeal is from an order of the District Court dismissing appellants’ action therein for failure to prosecute, 1 and from a later order denying appellants’ motion to set the dismissal aside. Because dismissal with prejudice, as it was here, 2 is a drastic sanction, 3 we have studied the record on appeal with meticulous care. Finding, however, no abuse of discretion in the circumstances of the case, we affirm.

I

This action, filed by appellants on July 3, 1969, sought specific performance of a contract to purchase real estate in the District of Columbia or, in the alternative, damages. 4…