Woolsulate, Inc. v. Fremont Lumber Co.

OPINION

Parker, Justice.

Woolsulate, Inc., brought an action against Fremont Lumber Company for $3,105.75 allegedly due for 3,-030 forty-pound bags (four loads) of rock wool, insulating material at the price of $1.02% per bag. Defendant defaulted, and a judgment was entered for the amount claimed plus interest; but, thereafter, on defendant’s motion, the court held that the default judgment should be vacated and defendant was permitted to respond to plaintiff’s petition.

Defendant in its answer set up five defenses: (1) denying the petition generally; (2) setting out a counterclaim by alleging…