Kallus v. Sadacca

In an action to recover damages for breach of contract, damages for alleged fraudulent representations, and the reasonable value of services performed, an order was entered granting appellant’s motion to strike out respondent’s answer on the ground of willful failure to appear for examination before trial, and to direct the entry of judgment, unless respondent appear and submit to examination on a day certain. The appeal is from so much of the order as conditionally strikes out the answer and conditionally directs judgment. Appellant contends that respondent’s default was willful and that he…