White v. Realty & Investment Co.

This is an action in equity to set aside a judgment and enjoin its execution. Upon the trial the court gave judgment dismissing plaintiff's bill. From this judgment plaintiff has brought the case here by appeal.

On March 22, 1930, respondent obtained judgment by default against the appellant, in the circuit court of St. Louis County, for $3,850, in an action for damages for the breach of a contract whereby the plaintiff agreed to purchase from defendant certain real estate in St. Louis County, for the sum of $60,000. A writ of summons was duly issued in said action and duly returned by the…