rescission and order the check returned to him.
The case was duly assigned for trial for July 12, 1951. On Tuesday, July 10th, when the case had been in the assignment for some time, defendant left the state for a stay of several days. His counsel notified plaintiff's attorney of this on the afternoon of Wednesday, July 11th, and asked a continuance. Plaintiff said he had several witnesses ready to appear on the following daythe time set for trialand it would be very difficult to get them together again, and he could not agree to a postponement. On July 12th plaintiff appeared with his witnesses prepared for trial. Defendant appeared by his attorney and requested the court to continue the cause. This the court refused to do.
Thereupon plaintiff introducedin favor of the plaintiff and entered judgment upon the check.
Upon this appeal defendant assigns three errors: First, "the court erred at the time it continued this case July 12, 1951, after it had previously overruled appellant's request for continuance to July 19, 1951, and after the appellee had introduced his main case and also had introduced rebuttal testimony to the appellant's affirmative defense before such defense had been presented, in that the court's remarks admitted it was prejudiced and deprived the appellant of a fair and impartial trial, and such proceedings are against public policy;" second, "the court erred in its findings of facts, conclusions of law and judgment and decree entered in this case in the following particulars: A. In refusing to consider the undisputed and