GUILLAUME & ASSOCIATES, INC. v. DON-JOHN CO.

No. CO-85-440.

371 N.W.2d 15 (1985)

GUILLAUME & ASSOCIATES, INC., Respondent, v. DON-JOHN COMPANY, Appellant, Summit State Bank of Bloomington, Respondent, Restan Care Nursing Home, et al., Defendants, Krueger Drywall Company, Reinke Wholesale of Minnesota, Inc., Hovole Plumbing and Heating, Inc., Respondents.

Court of Appeals of Minnesota.

July 9, 1985.


Attorney(s) appearing for the Case

John W. Lang, Lang, Pauly & Gregerson, Ltd., Minneapolis, for respondent.

John H. Brennan, Minneapolis, for appellant.

Heard, considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ.


OPINION

PARKER, Judge.

Respondent Guillaume & Associates, Inc., served appellant Don-John Company with a complaint seeking both a mechanic's lien and a money judgment. Don-John did not answer the complaint.

After two and one-half years, Guillaume served notice on Don-John of its intention to apply to the district court for a default judgment. Don-John contested the motion, claiming it had not realized that Guillaume had a claim against it and...

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