Archer-Daniels-Midland Co. v. A & P Bakery Supply & Equipment Co.

PEARSON, Chief Judge.

The defendant counter-plaintiff, Archer-Daniels-Midland Co., appeals from an order granting the plaintiff counter-defendant, A & P Bakery Supply and Equipment Co., a new trial. We reverse.

After numerous delays the circuit court on April 8, 1969, set the cause for jury trial during the two week period beginning September 15, 1969. On September 9, 1969, counsel for both parties jointly filed a motion for continuance. The court denied the motion the same day. On September 26, 1969, the court granted plaintiff’s oral motion for continuance because the father of plaintiff’s…