Mid-Continent Wood Products, Inc. v. Harris

936 F.2d 297 (1991)

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Mid-Continent Wood Products, Inc. v. Harris

United States Court of Appeals for the Seventh Circuit
936 F.2d 297 (1991)

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Facts

Lawrence Harris (defendant), through Harris Plywood, Inc., purchased lumber from Mid-Continent Wood Products (Mid-Continent) (plaintiff) on several occasions during the summer of 1980. Although he received the lumber, Harris did not make any payments to Mid-Continent, and Mid-Continent filed suit, alleging breach of contract. After several failed attempts to negotiate a payment schedule, Mid-Continent sought and received a default judgment against Harris. Mid-Continent did not act on the judgment, and executed a promissory note with Harris instead. When Harris also did not pay on the promissory note, Mid-Continent filed an action to collect and made several attempts to serve Harris, but was never able to do so. Six years later, Mid-Continent found and attempted to execute on some of Harris’s assets. Harris filed a motion to vacate and dismiss the default judgment for Mid-Continent’s failure to provide him with proper notice of the suit. The district court denied Harris’s motion, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Coffey, C.J.)

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