Fox v. Gabler

DAVENPORT, J.,

This case is the second appeal by defendant, Frank K. Gabler, from a default judgment entered against him for failure to sufficiently answer plaintiffs interrogatories and to produce documents.

Plaintiff, William J. Fox, filed his complaint in equity nearly nine years ago seeking, inter alia, an accounting from defendant for an alleged oral partner*453ship in a restaurant-taproom. Defendant has operated the business since 1964 and has denied any such partnership.

The procedural history of this case is rather exhaustive and includes a prior appeal by defendant to the Supreior Court.1…