Harth v. Ten Eyck

This is an appeal by the defendant L. E. Olinger from an order setting aside an order dismissing said action with prejudice as to him.

The action was brought to rescind the purchase of royalty interests in an oil well. The defendant Olinger was alleged to be the agent of his co-defendants. Seven defendants, including Olinger, answered and the cause went to trial. After the plaintiff had put on a part of his proof, a recess was taken. Up to that time the defendant Olinger had not been present at the trial. During the recess a conversation took place between the attorney for the plaintiff and…