Carbondale Machine Co. v. Eyraud

PRESTON (H. L.), J., pro tem.

This is an appeal by plaintiff from an order setting aside and vacating a default judgment.

On May 14, 1926, the plaintiff, The Carbondale Machine Co., a corporation, commenced this action in the superior court of the county of Los Angeles against defendant, for damages for breach of a certain contract, signed by defendant, wherein plaintiff agreed to erect for defendant an automatic refrigerating plant. On the same date the summons was issued and personally served upon the defendant, A. J. Eyraud, in the county of Los Angeles. No appearance was made by defendant…