Abbell v. Munfield

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

This is an appeal by the defendant from the denial of his section 72 petition.

The plaintiff sought specific performance of an option to repurchase certain stock from the defendant. Though the defendant was personally served with a copy of the complaint and summons a few days after the action was filed, he failed to file an appearance or answer. Instead, he employed attorneys for the specific and limited purpose of attempting to arrange an out-of-court settlement with plaintiff. A letter from the attorneys to their client, the…