CLARK, Judge.
Plaintiff d/b/a Lecroy's Cafeteria, a regular customer of defendant meat supplier, brought suit in fraud for payments made upon seven invoices for meats which were not in fact delivered although the moneys thus paid were never received by defendant. At the conclusion of plaintiff's evidence the trial judge granted an oral motion to dismiss based upon the sole ground that plaintiff had failed to exercise sufficient diligence. This appeal is from that...
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