Morgan v. L. G. Krepps & Sons, Inc.

Opinion by

Flood, J.,

This is an appeal from an order opening a judgment entered by default for want of an answer.

The action was commenced on November 6, 1959 by filing a complaint alleging improper performance by the defendants of a contract to build a house for the plaintiffs. The complaint was served on November 18, 1959. The alleged default was the construction of a footer of a thickness substantially less than that called for in the specifications, resulting in severe damage to the building. The complaint detailed the damage to the house, averred that the plaintiffs had expended $259.35…