Houle v. Wilde

This is an appeal from an order granting the plaintiff’s motion to open his default and allowing him to serve a complaint. The order limited the plaintiff’s “ cause of action to a claim that the work was not performed in a good workmanlike manner.” The work complained of was completed in 1956. The action was commenced by service of a summons on September 29, 1959. A notice of appearance and demand for a complaint were served on October 15, 1959. On January 10, 1963, a complaint was served and returned as untimely. The plaintiff’s attorney alleges there were settlement negotiations ‘but these…