Tuscaloosa Truck & Tractor Co. v. Stewart

CARR, Presiding Judge.

This is an action for deceit in the sale of an automobile. In the court below the plaintiff recovered judgment in the amount of $350.

On the submission in this court the appellee filed a motion to dismiss the appeal on the ground that there was “delay in prosecuting the same.” This insistence is based on the belated action of the trial judge in ruling on the motion for a new trial.

The attorneys entered into an agreement with respect to this delay, the effect of which was a waiver by the appellee of a discontinuance of the motion. Sovereign Camp, W. O. W. v. Thompson, 234…