Electro Nuclear Systems Corp. v. Telex Corp.

Plaintiff commenced action in 1964 against defendant. This claim was purchased by Robert Burnight, a former director of plaintiff, from bankruptcy proceedings of plaintiff in 1969 and no action was taken until 1972, when defendant’s motion for dismissal on the merits for failure to prosecute was granted. We affirm.

Plaintiff’s claim against defendant arises out of alleged oral representations regarding the purchase of certain switching equipment in 1960. Action was commenced on May 21,1964, and the matter was called for trial in 1965. On November 10, 1965, it was stricken from the trial court…