Butler v. Roma-Lind, Inc.

Appeal by defendant Roma-Lind, Inc., from an order denying its motioin to set aside a default judgment.

The default of defendant Roma-Lind, Inc., a California corporation, was entered on August 20, 1959. Judgment upon such default was entered on March 15, 1960. Said defendant’s notice of motion to vacate the default judgment was filed on April 29, 1960. The motion was heard and denied on May 13, 1960.

The complaint alleged that the plaintiff was the owner and operator of a duly licensed collection agency; that on or about June 26, 1958, the defendants entered into a written agreement with Columbia Broadcasting System, Inc., whereby Columbia agreed to furnish to defendants broadcast time with a contract balance due of $6,337.40, and that “a copy of *862 said agreement is attached hereto [to the complaint] and made a part hereof, marked Exhibit ‘A’ ”; that Columbia’s claim was assigned to plaintiff; that the unpaid balance due on the agreement is $6,337.40. The prayer of the complaint was for $6,337.40, with interest at 7 per cent per annum from June 26, 1958, and for costs.

Defendant Schooler answered the complaint, denying generally the allegations thereof. At the trial of the…