Beno v. DeBoer Asphalt Paving Co.

PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

The defendant, DeBoer Asphalt Paving Co., Inc., an Illinois corporation, appeals from the denial of its motion to vacate a default judgment entered in favor of the plaintiff, Raymond A. Beño, d/b/a Orland Park Schwinn Cyclery. We reverse the judgment of the circuit court of Will County and remand the cause.

The undisputed facts show that the plaintiff filed suit against the defendant on August 28, 1981, for breach of contract and negligence. Specifically, the plaintiff alleged that the defendant failed to use the proper amount of…