Wolfe Investments, Inc. v. Shroyer

An action was commenced by plaintiff against defendant in Benton County Circuit Court August 2, 1960, for the recovery of a brokerage fee. On December 7, 1960, plaintiff filed a motion against defendant’s answer. Nothing further of consequence transpired until plaintiff filed a motion on September 12, 1963, asking for an order setting the motion of December 7, 1960, down for hearing. The motion was granted and the hearing set for September 27.

On the same day, September 12, plaintiff filed the present case in the same court upon the identical cause of action. On September 16 defendant was…