GOLDSTEIN v. KENNEDY

No. 2030.

134 A.2d 580 (1957)

Benjamin GOLDSTEIN, Appellant, v. Herbert KENNEDY, t/a Kennedy Upholstering, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided August 30, 1957.


Attorney(s) appearing for the Case

Herman Miller, Washington, D. C., for appellant.

Harry Levin, Washington, D. C., for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).


CAYTON, Acting Judge.

In this action for the value of materials and services defendant offered no evidence but stood on a motion to dismiss. The motion was based on the ground that plaintiff had failed to diligently prosecute the action. The trial judge denied the motion "on the ground of excusable delay on the part of Plaintiff" and also on the ground that defendant had been equally dilatory in failing to take a default on his counterclaim against plaintiff.

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