Greyer v. Walton

Opinion by

Báldeme, J.,

Plaintiff brought this suit on January 12, 1928, to recover liquidated damages for an alleged breach of an agreement 'of sale dated May 11, 1927, involving a farm situate in Montgomery County. The case was tried before a visiting judge without a jury early in 1929 and shortly thereafter, and before a decision had been rendered, the trial judge died. The original papers and notes of testimony, probably in his possession, were never found.

No further move was made until April 25,1940, when the plaintiff presented a petition stating his desire to have the case disposed of in…