MOORE, Justice.
We will refer to the parties by name. The action is here on writ of error to review a summary judgment by which the trial court dismissed a counterclaim filed by Rogoff and entered a judgment in favor of Jack and Diana Charash against him on said counterclaim. The case involves former litigation between the parties and we accordingly will set forth at some length the full story as follows:
In November, 1948, Jack Charash, one of the defendants...
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