Hiatt v. Congoleum Industries, Inc.

Plaintiff brought this action alleging that floor covering he purchased did not properly adhere to the floor and plaintiff was required to replace it, to his damage. Plaintiff named as defendants Congoleum Industries, the manufacturer, Wanke Panel Co., the distributor, and K. D. L. Investment Co., the seller and installer. Wanke’s demurrer was sustained and the case against it was dismissed. The jury returned a verdict in favor of KDL. A default judgment was entered against Congoleum, the trial court denied Congoleum’s motion to set aside the default judgment, and Congoleum appeals. We…