Watkins Products, Inc. v. Lytle

DUNN, Chief Justice.

Plaintiff appeals from an order of the circuit court dismissing this action for failure of prosecution by plaintiff. We affirm. The record reveals that plaintiff filed its summons and complaint on April 14, 1969, alleging that defendant John Wayne Lytle owed money on merchandise sold to him by plaintiff. Also named as defendants were the sureties who had signed the sales contract and had guaranteed payment. The defendants answered the complaint and the defendant sureties counterclaimed alleging that the plaintiff fraudulently and intentionally instituted the suit as part…