Mutual Truck Parts Co., Inc. v. Nelson

This is an appeal from an order denying defendant’s petition to vacate a default judgment in favor of plaintiff.

On August 6, 1964, plaintiff filed its complaint against defendant, alleging that on June 25, 1964, defendant submitted to plaintiff samples of a quantity of “outer nuts” for sale to plaintiff at the price of 61/^ each; that the offer for sale was made pursuant to sample and based upon the representation that the “outer nuts” contained in forty-six cartons complied with the submitted samples; that plaintiff placed an order for twenty-four thousand (24,000) “outer nuts” at a total…