Kidd v. B. Perini & Sons, Inc.

Morris, Commissioner

Affirming.

Appeal is from a judgment setting aside a default judgment rendered in favor of appellant against appellee, a Massachusetts Corporation, with its chief office in Boston; appellant is apparently a resident of Boyd County. Appellee at the time of the alleged contract was engaged in the- mining of coal and appellant in the trucking business. In his petition, filed in September 1948, appellant alleged that either in August or September 1947 he and the Company entered into an oral agreement whereby appellant was to truck coal from various mining operations of the…