French v. Brown

STEAKLEY, Justice.

Petitioner sued Respondent for the reasonable value of labor and materials allegedly furnished Respondent under a contract to paint a house. Respondent was served with citation and duly filed an answer in the form of an unsworn general denial. Thereafter Petitioner filed a motion for summary judgment which was set for hearing by order of the court. The parties stipulated that notice of the motion for summary judgment and of the hearing thereon was “duly and regularly mailed, but that the notice was not received.” The court granted Petitioner’s motion for summary judgment on…