ARNKE v. LAZZARI FUEL CO.

Docket No. 20086.

202 Cal.App.2d 278 (1962)

20 Cal. Rptr. 762

FREDERICK ARNKE, Plaintiff and Appellant, v. LAZZARI FUEL COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division One.

April 10, 1962.


Attorney(s) appearing for the Case

Dinkelspiel & Dinkelspiel and Alan A. Dougherty for Plaintiff and Appellant.

William Klein and George F. Duke for Defendant and Respondent.


SULLIVAN, J.

Plaintiff appeals from an order vacating and setting aside a default and a default judgment.

Plaintiff's complaint, filed July 11, 1960, seeks recovery for money allegedly due on an oral construction contract. Summons was served on the defendant on July 18, 1960. Thereafter, the defendant received a number of extensions of time to answer the complaint, while the parties undertook negotiations for the settlement of the action. On February 9, 1961...

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