Grant's Mechanical, Inc. v. Olson

In these cases, which have been consolidated for appeal, defendant asks to set aside default judgments entered against him after his pleadings were stricken for failure to appear for a deposition. We reverse and remand for trial.

The underlying actions were on accounts stated. Plaintiffs, who had furnished building materials to defendant, filed their complaints on November 19, 1976. Both plaintiffs are represented by the same counsel.

On September 21, 1977, plaintiffs’ attorney mailed a notice of deposition to defendant’s attorney. The deposition was set for October 3, 1977. Defendant did not…