Irving Weinberg Dress Co. v. Goldsticker

In this action to recover for goods sold and delivered the defendant at the time of answering demanded a bill of particulars without specifying any particular items, and in accordance with the demand a bill of particulars was served and accepted. •

December 23, 1925, about a month after the service of the bill, the cause appeared on the day calendar pursuant to notice of trial.

The day before the case was set for trial an adjournment was requested of plaintiff’s, attorney; he refused to grant the request and stated that plaintiff would proceed to trial on the following morning.'

As plaintiff’s…