George F. Mueller & Sons, Inc. v. Morris

Plaintiff appeals from an order vacating a default judgment entered against defendants and setting the case for trial.

On October 28,1967, plaintiff filed a complaint alleging that defendants breached a contract which granted plaintiff an exclusive concession for a cigarette vending machine and claiming loss of profits in the sum of $5,563.12. In their answer defendants admitted that they had entered into a contract with plaintiff but alleged that the contract lacked mutuality and consideration and was no longer in effect since it had expired.

On April 15,1968, a portion of defendants’ answer…