Home/Supreme Court of North Carolina/Byerly v. General Motors Acceptance Corp.

Byerly v. General Motors Acceptance Corp.

145 S.E. 236, 196 N.C. 256, 1928 N.C. LEXIS 337
CourtSupreme Court of North Carolina
DecidedNovember 7, 1928
StatusPublished
Cited by1 cases

This text of 145 S.E. 236 (Byerly v. General Motors Acceptance Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Byerly v. General Motors Acceptance Corp., 145 S.E. 236, 196 N.C. 256, 1928 N.C. LEXIS 337 (N.C. 1928).

Opinion

Pee CueiaM.

This was a motion made by defendant to set aside a judgment by default final. From a careful perusal of the record, we do not think the allegations of the complaint allege breaches of express or implied contracts for sums certain or computable; nor did the complaint allege a promise to pay the total amount sued for. C. S., 595.

The judgment by default final was irregular; the court below found as a fact that defendant had a meritorious defense. See Supply Co. v. Plumbing Co., 195 N. C., 629. The judgment of the court below is

Affirmed.

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Cite This Page — Counsel Stack

Bluebook (online)
145 S.E. 236, 196 N.C. 256, 1928 N.C. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byerly-v-general-motors-acceptance-corp-nc-1928.