Hall v. American National Plastics, Inc.

This is an appeal from an order vacating a judgment entered upon a default. Plaintiff claims damages for defendants’ alleged breach of contract in failing properly to design, fabricate and manufacture a merchantable, serviceable product capable of being used for the purpose for which it had been ordered. A 20-day summons and the complaint were served on the defendants January 28, 1966. February 21, 1966, more than 20 days after service of the summons, the plaintiff presented and the court entered against the defendants an order of default.

March 21, 1966, after hearing evidence as to damages,…