Garrison

Defendants Jack E. Garrison, Michael J. McGann and Carlyle M. Ingles appeal from an order setting aside a default and a default judg ment taken against plaintiff Westport Oil Company on a cross-complaint and denying their motion for summary judgment and to dismiss the complaint.

Facts

On September 12, 1969, Westport filed a complaint against the defendants entitled “Complaint For Unlawful Detainer,” seeking restitution of leased premises, the sum of $2,490 in back rent, $1,000 attorney’s fees, and $2,274 for the costs of restoring the leased premises. The 55-page original lease together with the defendants’ assumption of its obligations were attached to the complaint as an exhibit. On September 19, 1969, defendants filed a pleading captioned “Answer To Complaint For Unlawful Detainer — Cross-Complaint, Counter-Claim.” In the middle of this pleading, sandwiched between two affirmative defenses to the complaint, were 5 paragraphs preceded by the heading: “By Way of CounterClaim and Cross-Complaint, Defendants Allege As Follows:

The pleading then alleges plaintiffs [plural] permitted customers of its cocktail bar adjoining the leased premises to interfere with defendants’…