Oculus Corp. v. Fred Chenoweth Equipment Co.

Banke, Presiding Judge.

The appellee, Fred Chenoweth Equipment Company (Chenoweth), obtained a default judgment against the appellant, Oculus Corporation, in this action to recover an alleged indebtedness for material and equipment furnished to Oculus in the course of the latter’s performance of a subcontract on a hydroelectric project. The action remains pending against two other named defendants, Deepwater Turneo and Aetna Casualty & Surety Company (Aetna), based on their execution of a bond to discharge a materialman’s lien previously filed by Chenoweth. On appeal, Oculus contends that the…