W. W. & W. B. Gardner, Inc. v. Park West Village, Inc.

MAUGHAN, Justice:

Before us is a judgment granting plaintiff’s motion for summary judgment and judgment by default. Defendant appeals. We affirm. Costs to plaintiff.

Plaintiff initiated this action to recover the cost of labor and material furnished, pursuant to a written contract, for the asphalt paving of streets and parking areas. Plaintiff filed a motion for summary judgment, and a motion for default judgment as a sanction for failure to respond to discovery requests pursuant to Rule 37(d), U.R.C.P. Upon hearing, plaintiff’s motions were granted.

On October 23, 1975, plaintiff served the…