Muck v. Stubblefield

METZGER, Judge.

Defendants, Lee Stubblefield and Immo-biliaria Vida Del Mar, S.A., appeal the trial court’s order of default judgment which, in effect, granted the motion of plaintiff, Dennis R. Muck, for sanctions pursuant to C.R. C.P. 37(b)(2). We affirm in part, set aside in part, and remand the cause for further proceedings.

The parties entered into a written contract on February 27, 1976, whereby defendants promised to construct a condominium unit for plaintiff in Manzanillo, Mexico, to pay plaintiff rents collected thereon, and additionally to transfer to plaintiff a 1% interest in the…