Frontier Lumber & Hardware, Inc. v. Dickey

Kelly, Justice.

Appeal from an order denying a motion to vacate a summary judgment.

Plaintiff, Frontier Lumber and Hardware, Inc., instituted this action against Duane Dickey, doing business as Dickey Construction Co., for $6,391.85 for goods, wares, and merchandise sold to defendant, plus $945.02 for interest. The defendant answered, denying generally the allegations contained in plaintiff’s complaint and admitting that defendant was indebted to the plaintiff for goods, wares, and merchandise but stating that defendant did not have an opinion as to the exact amount due.

Plaintiff served a…