Carpenter

This is an appeal from an order denying defendant’s motion to set aside a default judgment.

Defendant Shah Mohammed, a citizen and resident of West Pakistan, inherited an undivided one-half interest in' certain real property in Imperial County. In 1960 he entered into negotiations for the sale of his interest to the plaintiff Marvin W. Carpenter. In a letter dated August 6, 1960, defendant refused plaintiff’s offer of $8,750, and made a counteroffer of $11,000. The letter states, “If my this offer [$11,000] is acceptable to you, kindly send the necessary papers duly completed for my signatures etc.” The offer was accepted by the plaintiff on October 5, 1960. In addition to the $11,000 plaintiff was to pay all escrow charges (approximately $500, and all back taxes (approximately $3,000). The escrow papers were mailed to defendant, but he did not reply.

Suit was filed March 3, 1961, seeking damages, or in the alternative, specific performance. The action for damages was abandoned. A copy of the complaint and summons and a letter explaining the nature of the action were sent to the defendant. In June 1961, defendant replied that he had made the offer, but had not received the…