F & S CONSTRUCTION COMPANY v. Christlieb

Opinion by

Mr. Justice. Pringle.

Plaintiff in error is here attacking an order of the District Court of Adams County denying its motion to set aside a default judgment.

Thomas Y. Christlieb and Patricia J. Christlieb (hereinafter referred to as plaintiffs) sued F & S Construction Company (hereinafter referred to as defendant, or F & S) for breach of an implied warranty in the sale of a new residence.

The complaint, filed September 9, 1964, alleged that the parties entered into a contract on March 26, 1955, wherein plaintiffs agreed to buy a house to be constructed by defendant; that plaintiffs…