Washington Supreme Court December 17, 1959, 35226 (Krause v. Borjessan)

Per Curiam.

By writ of certiorari, plaintiff seeks review of an order of the trial court dismissing plaintiffs’ action without prejudice, but refusing to dismiss defendants’ cross-complaint.

The facts are these:

March 26, 1958, plaintiffs commenced this action for relief by reason of the terms of an alleged contract.

April 1, 1959, plaintiffs moved for a voluntary dismissal without prejudice.