PANNELL, Judge.
1. Where, as in the present case, upon motion of the plaintiff, a continuance was had and the case was put upon terms for trial on a day certain and the plaintiff did not appear at the time set and the record discloses no cause for such failure, the court properly dismissed the case for lack of prosecution. A showing of cause for such failure cannot be made by statements contained in the brief filed in this court.
2. "A contract which is against...
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