Byerly v. General Motors Acceptance Corp.

Supreme Court of North Carolina

Byerly v. General Motors Acceptance Corp.

145 S.E. 236, 196 N.C. 256, 1928 N.C. LEXIS 337

Supreme Court of North Carolina·Decided November 7, 1928·Published·Cited by 1 cases

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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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.

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

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Opinion

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