VACANTI & RANDAZZO CONSTRUCTION CO. v. H. I. E. FOOD PRODUCTS, INC.

No. 38402.

198 N.W.2d 468 (1972)

188 Neb. 680

VACANTI & RANDAZZO CONSTRUCTION COMPANY, a Corporation, Appellee, v. H. I. E. FOOD PRODUCTS, INC., a/k/a House of Albert's Inc., Appellant, Impleaded with Ronald M. Albert, Appellee.

Supreme Court of Nebraska.

June 23, 1972.


Attorney(s) appearing for the Case

Carl I. Klekers, Ralston, William H. Mecham, Omaha, for appellant.

Frank Meares, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


SMITH, Justice.

The district court rendered a judgment by default against defendant H.I.E. Food Products, Inc. The latter on appeal asserts the court erred in denying defendant leave to answer out of time and in rendering the judgment.

On July 9, 1971, plaintiff filed its petition alleging "waste" and nonpayment of rent of $2,050 a month from March 1 through August 1, 1971, on a written lease. The term of the lease was 15 years from September 1, 1969. Plaintiff...

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