POSIN v. MARCUS

No. 2320.

148 A.2d 791 (1959)

Hyman R. POSIN, Appellant, v. Sam MARCUS, t/a Marcus Construction Company, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided March 3, 1959.


Attorney(s) appearing for the Case

George Sanford Jordan, Washington, D. C., for appellant.

H. Max Ammerman, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


QUINN, Associate Judge.

The only question on this appeal is whether there was an abuse of discretion in the dismissal of appellant's action for failure to prosecute with diligence.

The facts are these: In March 1953 appellant sued appellee alleging a breach of warranty in connection with the sale of a house. The case was tried in April 1955 and resulted in a judgment for appellee. Appellant filed a motion for new trial, which was granted July 19, 1955. No...

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