R & L Lumber Co. v. Summit Fidelity & Surety Co.

Rogosheske, Justice.

Appeal from an order denying a motion by a creditor for summary judgment against its insolvent debtor’s surety, based on a default judgment against the debtor, and granting the surety’s countermotions to vacate the default judgment, to intervene in the reopened action, and to assert the debtor’s counterclaim as an equitable setoff.

Plaintiff, R & L Lumber Co., doing business as Johnson Cash-way Lumber Co., supplied building materials to Lynbrook Construction Co., which built and sold a large number of homes in suburban Hennepin County. On September 20, 1963, plaintiff filed…