Clute v. A. B. Concrete

MR. SHEEHY

delivered the opinion of the Court.

Defendant A. B..Concrete appeals from the order of the District Court, Missoula County, denying its motion to set aside a default judgment.

In February 1973, defendant transferred an asphalt plant to plaintiff George E. Clute, as compensation for paving work plaintiff had performed sometime earlier. Plaintiff did not take possession of the plant and it remained on defendant’s premises until the spring of 1976, when defendant sold it to James Day of Missoula, Montana, for $300.00.

In October 1976, plaintiff arranged with a person in Vancouver,…