Stern v. Commercial Construction Corp.

Plaintiff-appellant, Edward A. Stern, brings this appeal to review a default entered against him on his complaint and a default as to liability on defendant-appel-lee’s, Commercial Construction Corp., counterclaim.

Plaintiff filed suit against defendant for damages for materials and work delivered and performed by plaintiff for defendant. Following the entry of all the pleadings the trial court entered an order setting the case for trial, but neither plaintiff nor his attorney were in court on the specified date and nothing in the record on appeal indicates that the attorney ever appeared. The…