motion to vacate and ordered another hearing on the amount of
damages. At the damages hearing on August 14, 1984, the
court renewed the $40,000 judgment. Rice appeals. Neal and
Flora Paxson, the parties obtaining judgment, challenge this
Court's jurisdiction on the grounds that this appeal is
untimely. We hold that the appeal is timely and affirm the
District Court.
Rice raises two issues:
1. Did the District Court err in refusing to vacate
the default judgment?
2. Did the District Court err in refusing to allow
evidence that mitigated damages?
Alden Rice did construction work in Jordan, Montana.
In October 1983 Neal and Flora Paxson sued Rice for breach of
contra.ct, breach of the implied warranty of habitability,
negligent construction, and bad faith. They sought
$50,000--$30,000 repairs, $5,000 substitute housing, $5,000
inconvenience, and $10,000 punitive damages. Rice was served
on October 11, 1983, and his attorney filed a motion to
dismiss on October 28, 1983. This unbriefed motion was
denied on December 16, 1983. No answer was filed within
twenty days.
The Paxsons' attorney, George Huss, wrote three letters