Bandyk v. Damico

Plaintiff appeals from an order of December 13, 1973, sustaining defendant-appellee’s section 72 petition to vacate a default judgment entered against him. No brief was filed in this court by defendant-appellee, and we would be justified in revising pro forma without consideration of the merits for failure to comply with supreme court rules. But from an examination of the record, we have concluded that the best interests of justice would be served by affirming.

On May 25, 1973, plaintiff filed a complaint in which he alleged that plaintiff had entered into a written contract with one, C.…