CAYTON, Chief Judge.
A broker sued for a commission allegedly earned. One defense to the claim was that the broker had not produced a purchaser ready, able and willing to perform in accordance with the listing agreement. Another defense, asserted in an additional answer and in brief and oral argument, and later by motion for judgment non obstante, was that plaintiff's suit should be dismissed because he had failed to prosecute it with diligence. The trial court...
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