GRANT'S MECHANICAL, INC. v. OLSON

Nos. A7611-16420; SC 25598, A7611-16421; SC 25597.

584 P.2d 1387 (1978)

284 Or. 75

GRANT'S MECHANICAL, INC., a North Dakota Corporation, Respondent, v. Milton OLSON, D B a Coronado Construction, Appellant. Country Builders, Inc., a Minnesota Corporation, D B a Rosemount Country Builders, Inc., Respondent, v. Milton Olson, D B a Coronado Construction, Appellant.

Supreme Court of Oregon, Department 1.

Decided October 10, 1978.


Attorney(s) appearing for the Case

Terence J. Hammons of Hammons, Phillips & Jensen, Eugene, argued the cause and filed briefs for appellant.

I. Franklin Hunsaker, Portland, argued the cause for respondents. With him on the brief were James D. Hibbard, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before HOLMAN, P.J., and HOWELL, BRYSON and LINDE, JJ.


BRYSON, Justice.

In these cases, which have been consolidated for appeal, defendant asks to set aside default judgments entered against him after his pleadings were stricken for failure to appear for a deposition. We reverse and remand for trial.

The underlying actions were on accounts stated. Plaintiffs, who had furnished building materials to defendant, filed their complaints on November 19, 1976. Both plaintiffs are represented by the same counsel.

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