Arnke v. Lazzari Fuel Co.

Plaintiff appeals from an order vacating and setting aside a default and a default judgment.

Plaintiff’s complaint, filed July 11, 1960, seeks recovery for money allegedly due on an oral construction contract. Summons was served on the defendant on July 18, 1960. Thereafter, the defendant received a number of extensions of time to answer the complaint, while the parties undertook negotiations for the settlement of the action. On February 9, 1961, the defendant’s default was taken and judgment by default entered in favor of the plaintiff. On May 5, 1961, the defendant served and filed its…