Nohl

This is an appeal from a default judgment entered in favor of the plaintiffs after the overruling of the defendant’s demurrer to the complaint, and from the denial of defendant’s motion to set aside the default and to permit it to file and serve its answer.

The complaint contains' three separate and distinct causes of action growing out of an alleged violation of a certain contract for road work entered into between plaintiffs and defendant. The first cause of action consists of a demand for the sum of $103.87 for hauling and dumping rock; the second for damages in the sum of two thousand dollars for the wrongful refusal of defendant to perform its contract, and the third for damages sustained by plaintiffs on account of the purchase by them of certain machinery and supplies for the purpose of performing the contract in the amount of $2,407.51.

Defendant filed a general demurrer to each count, alleging that it did not state facts sufficient' to constitute a cause of action. The demurrer was overruled, and the defendant having failed to answer within the time allowed, its default was entered and judgment rendered against it for the sum of $4,500.38, together with costs amounting…