Mizar v. Jones

Opinion by

Mr. Chief Justice Pringle.

The plaintiffs in error, W. C. Mizar and Donald Nealley, were the plaintiffs in the trial court and will be referred to as such. The defendant in error, John W. Jones, was the defendant in the trial court and will be referred to as such.

The plaintiffs brought this action seeking damages and rescission of a contract into which they had entered with the defendant. The defendant’s motion, under Rule 41(b) (1), R.C.P. Colo., to dismiss the action because of the plaintiffs’ failure to prosecute the case, was granted, and the plaintiffs seek reversal of that…