Bandyk v. Beringer

This is an appeal from an order of December 13, 1973, wherein the trial court vacated a default judgment in favor of plaintiff-appellant and denied his amended motion to strike defendant-appellee’s petition to vacate. Plaintiff elected to stand on his amended motion and appeals from the denial thereof.

On May 22, 1973, plaintiff filed a complaint in two counts against defendant. In Count I plaintiff alleged that on October 18, 1972, the parties entered into a written contract whereby defendant granted him a 5-year exclusive right to install, operate and maintain on defendant’s premises a juke…