Thornthwaite v. Greater Seattle Realty & Improvement Co.

The defendants appealed from a decree rescinding a contract for the exchange of certain real estate in Seattle, Washington, and Riverside, California, on the ground of fraudulent misrepresentations, and from an alternative judgment awarding plaintiff damages against the defendants. Only the appeal of M. A. Milliken will be considered, the respondent’s motion to dismiss the appeal of the other appellants having been granted March 14, 1930.

The refusal to grant a continuance is the first error assigned.

On May 22, 1929, the date that the cause was set for trial, counsel filed a motion for…