Intercity Realty Company v. Gibson

Caplan, Judge:

In this civil action instituted in the Circuit Court of Kana-wha County, the plaintiff, Intercity Realty Company, a corporation, seeks to recover a sum of money alleged to be due from the defendant, Agnes Gibson, for certain work performed by it upon her dwelling house. In the circumstances hereinafter described the plaintiff obtained a default judgment which the defendant sought to set aside. Upon the refusal of the court to set aside said judgment the defendant prosecutes this appeal.

On October 31, 1963 the plaintiff entered into a written contract with the defendant, under…