(Download) "J.P.W. Enterprises v. Daniel W. Naef" by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: J.P.W. Enterprises v. Daniel W. Naef
- Author : Supreme Court Of Utah
- Release Date : January 05, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
WINDER, District Judge: Defendant Barry Naef appeals from an Order denying his motions to set aside two default judgments entered against him and in favor of Plaintiffs J.P.W. Enterprises, Inc., J.P. Whiskeman, and J. Peter Whiskeman III. In 1975, Defendants Naef executed a purchase agreement with Plaintiffs Whiskeman by which they agreed to purchase Whiskemans' laundromat and dry cleaning business in Kearns, Utah. Under the terms of the agreement, Defendants Naef agreed to assume Whiskemans' lease obligations to Plaintiffs Hattie and Kelley as well as Whiskemans' loan obligations on the laundry and dry cleaning equipment to Commercial Security Bank. When Naefs defaulted on the lease payments, Hattie and Kelley brought suit against Whiskemans and J.P.W. Enterprises, Inc., who in turn filed a third-party complaint against Defendants Naef and their partnership alleging that Naefs were responsible for the lease payments under the purchase agreement. This was in action No. 16110 on this appeal. This third-party complaint was successfully served upon Barry Naef and the partnership, but the attempted service on Daniel Naef was defective. Neither of the Naefs nor their partnership answered the third-party complaint, and on June 2, 1977, default judgment was entered against them in the amount of $11,360.00, plus $75.60 costs. Notice of this default judgment was mailed to each defendant in June, 1977. Third-Party Plaintiffs Whiskeman were unable to question Barry Naef pursuant to Court order concerning his property because he had moved and the process server was unable to locate him, and an order to show cause was subsequently issued.