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MOUNTAIN STATES IMPLEMENT COMPANY v. SHARP

No. 10424.

459 P.2d 1013 (1969)

93 Idaho 231

MOUNTAIN STATES IMPLEMENT COMPANY, a corporation, Plaintiff-Respondent, v. John SHARP, Defendant-Appellant.

Supreme Court of Idaho.

October 17, 1969.

Attorney(s) appearing for the Case

Gee & Hargraves, Pocatello, for defendant-appellant.

Young, Thatcher & Glasmann, Ogden, Utah, Harris & Cook, Shelley, for plaintiff-respondent.

SHEPARD, Justice.

The question in this case is whether or not the facts as stated warrant the setting aside of a default judgment entered against defendant-appellant.

The default judgment resulted from a failure to pay on a contract under which plaintiff-respondent sold farm machinery to defendant-appellant. The vendor was represented by counsel in Ogden, Utah, and instructed its said counsel to collect the deficiency...

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