DeNault v. Holloway Builders, Inc.

Ness, Justice:

This appeal is from an order refusing to vacate a default judgment. We affirm.

In 1974, appellant Holloway Builders constructed a swimming pool at the home of respondent DeNault. On January 9, 1978, appellant was served with a summons and complaint whereby respondent alleged that the pool was not constructed in a workman-like manner and that she had been forced to spend nearly $2,000 on repairs.

The last day to answer was January 29th, but that being a Sunday, an answer was permitted on January 30, 1978. On January 31, 1978, appellant served its answer and counterclaim upon…