J & P CONST. CO. v. Valta Const. Co.

J P Construction Company appeals from the denial of its Rule 60 (b), A.R.Civ.P., motion seeking to set aside a default judgment. We reverse and remand.

Valta Construction Company filed a three-count complaint against J P in the Circuit Court of Baldwin County. The first count claimed $35,000.00 for breach of contract. Valta alleged that it had entered into a contract with J P as a subcontractor to do excavating work at a construction site owned by the City of Foley. The contract, a copy of which was attached to the complaint, provided that J P was to pay Valta $72,353.00. Valta claims that…