Frisbee v. Dale

WOLLMAN, Chief Justice.

This appeal is from a default judgment entered against appellant Dale. We reverse and remand.

This action was commenced by service of a summons and complaint upon appellant on November 4, 1976. The complaint alleged that respondents had advanced $1,750 to appellant for construction of a fireplace in their new home, that appellant had made no effort to fulfill the alleged contract, and that respondents had suffered general and punitive damages in the amount of $11,750. Appellant did not file an answer, and on December 8, 1976, following an evidentiary hearing on damages,…