California Court of Appeal November 30, 1955, Civ. No. 8680 (Schmitt v. Joe Morton Lumber Co.)

VAN DYKE, P. J.

This is an appeal from an order setting aside a default and a default judgment in an action brought to recover damages for breach of contract. Plaintiff appeals.

Appellant’s complaint was filed on October 13, 1953. Summons was served upon defendants on January 8, 1954, but they failed to appear or answer within time.