Schalk v. Breshnahan

This is an appeal from an order denying a motion to reconsider an order setting aside a default judgment. The complaint in this action seeks recovery of $750 in two causes of action.

In the first cause, it was alleged in substance that the $750 represented a down payment on certain real estate which plaintiff agreed to buy from defendants; that defendants agreed to *130complete improvements but failed to do so; and that plaintiff made demand for the return of tbe down payment which was refused.

In the second cause of action, it was alleged that defendants promised to return the down payment if…