McWilliams

This is an appeal from an order setting aside a default and vacating the judgment entered thereon in favor of plaintiff.

The default was taken in an action commenced by the plaintiff against the defendant to recover the sum of one thousand dollars for breach of contract. The complaint alleged that the parties entered into an agreement by the terms of which the plaintiff was to make her home with the defendant, keep house for him and give him such care and attention necessary for the comfort of a man of his age and condition during the remainder of his life, in return for which she was to receive board and lodging for herself and two minor children, with the further advantage that the defendant would by last will and testament leave to plaintiff whatever property he might own at the time of his death. It further appears that the plaintiff entered upon the performance of this agreement, and remained at the home of defendant for about one year, when, after a quarrel with him, she left, and shortly thereafter commenced this action. The summons and complaint were served upon defendant by a deputy sheriff, and defendant making no answer thereto, plaintiff caused his default to be…