Wykoff v. Winisky

The question is whether the trial court abused its discretion in directing the trial of this action to proceed at a time when defendants were not represented by counsel.

Complaint was filed on May 15, 1963, alleging* that pursuant to an agreement on December 26, 1961, the plaintiff bad provided defendants with a drag-line crane and dragline mats for defendants’ use and that the defendants bad not paid the agreed price of $4,594.52.

Defendants retained counsel who entered an appearance and filed an answer and counterclaim in defendants’ behalf. The answer admitted defendant Alex "Winisky had…