Keel v. Kostka

Defendant appeals from the order of October 20, 1967, denying his petition to vacate a default judgment entered against him on May 19,1966.

The record reveals that the plaintiff, Myron Keel, d/b/a M & K Eemodeling, filed a complaint on April 28, 1966, seeking judgment in a contract action against the defendant, Frank Kostka. The plaintiff alleged in his complaint that during the months of May, June and July of 1965 he “performed certain labor and furnished materials for the remodeling of the properties owned, operated and managed by the defendant” at five different specified locations; “[t]hat…