Opinion
December 5, 1949.
Action to recover damages for the alleged appropriation, in an invention, of respondent's ideas concerning the use of air resistance in prerotation of landing wheels of aircraft. Order granting respondent's motion for leave to open his default and to serve a complaint, reversed on the law and the facts, without costs, and motion denied, without costs. Order denying appellant's motion to dismiss the action for failure to prosecute, reversed on the law and the facts, with $10 costs and disbursements, and motion granted, without costs. There was a delay of nearly four years during which no complaint was served, and no showing is made that the delay was not unreasonable. Under such facts the court is not authorized to excuse the delay. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.