Kooper v. King

WARNS, J. pro tem. *

This is an appeal from an order granting a motion to vacate and set aside the default and default judgment entered by the clerk of the court against the defendant M. J. King.

The complaint, in substance, alleges that plaintiffs and the defendants, King, Lusk, Anderson, Stuppi and Guerin, entered into a written contract whereby plaintiffs agreed to perforin planning and architectural services for the defendants. The written agreement is attached to the complaint and made a part thereof by reference. Paragraph (8) of the agreement provided that the defendants might terminate…