Potts v. Starr

This action was commenced by W. M. Potts, as plaintiff, against Clarke Starr, as defendant, for cancellation of a farming contract and for damages for failure to perform the contract. Defendant answered alleging compliance with the terms of the contract and partial settlement. The answer also alleges fraud and laches on the part of the plaintiff. On September 14, 1954 defendant served notice of motion to dismiss the action on the ground of unreasonable neglect on the part of the plaintiff to proceed with the cause of action. The motion was heard on September 21, 1954 and was granted on…