Abrams v. Elsoffer

Richard Abrams, Imperial Sportswear Company, and Northfield Financial Cor: poration sued Malcolm and James Elsoffer for breach of an agreement to purchase the sportswear company. The Elsoffers counterclaimed. On the morning of trial Abrams moved for a continuance which the trial court denied. However, the court did grant Abrams’ ensuing oral motion to dismiss, adding an order that Abrams pay $5,000 to the Elsoffers as a condition precedent to refiling the action. At the Elsoffers’ request, the trial court also dismissed their counterclaim.

In two assignments of error Abrams challenges (1) the…