Stan Katz Real Estate, Inc. v. Chavez

WILKINS, Justice:

On April 18, 1974, the plaintiff filed a complaint against the defendant in the District Court of Salt Lake County seeking damages for the latter’s alleged breach of contract. Service of process was made by a deputy constable on May 22, 1974, who left a copy of the summons and complaint with the defendant’s mother at 1118 West Eighth South, Salt Lake City, Utah. A typewritten notation was placed on the proof of service return as follows:

*1143Mother stated he [the defendant] had just gone to the store and he did live there and would be right back.

The defendant failed to answer the…