VAN DYKE v. MacMILLAN

Docket No. 9398.

162 Cal.App.2d 594 (1958)

328 P.2d 215

ORLIN VAN DYKE, Respondent, v. GORDON MacMILLAN, Appellant.

Court of Appeals of California, Third District.

August 4, 1958.


Attorney(s) appearing for the Case

Guy Richards Crump for Appellant.

Hewitt & McBride for Respondent.


WARNE, J. pro tem.*

Defendant has appealed from an order denying his motion under section 473 of the Code of Civil Procedure to vacate a money judgment entered against him after he failed to appear for trial through the excusable neglect or inadvertence of his attorney.

Plaintiff brought this action to recover a balance of $950 allegedly unpaid for hay sold by plaintiff to defendant.

The answer admits the contract; avers...

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