Olsen v. Cummings

MAUGHAN, Justice:

Before us is a denial of a motion to vacate a default judgment. We reverse, grant the motion and remand for further proceedings. Costs to defendants.

Plaintiff and defendant trust entered into a sales transaction for the purchase and installation of a sprinkling irrigation system. Defendant paid $21,500 as a down payment and arranged financing for an additional sum of $65,372.30, plus financing charges. Plaintiff claimed an additional sum of $7,896.20 plus interest and initiated this action to collect this indebtedness.

In its complaint, plaintiff alleged that Roger L.…