WOLFE INVESTMENTS, INC. v. Shroyer

(Pro Tempore).

Plaintiff alleged defendant employed plaintiff’s assignor to find a buyer for defendant’s sawmill, a buyer was found, a commission of $45,000 became owing therefor, and defendant did not pay. The claim was assigned to plaintiff which first brought action on the claim in 1960. This first case was dismissed for want of prosecution, but another identical action had been filed by plaintiff in September 1963, and the 1960 action was yet pending when it was filed. For this reason, the second action was dismissed, and appeal was taken from the dismissal order. The Supreme Court…