Byerly v. General Motors Acceptance Corp., 196 N.C. 256 (1928)

Nov. 7, 1928 · Supreme Court of North Carolina

196 N.C. 256

W. B. BYERLY v. GENERAL MOTORS ACCEPTANCE CORPORATION.

(Filed 7 November, 1928.)

Judgments by Default Pinal — When May be Rendered.

A judgment by default final is irregularly entered upon a pleading that does not allege a sum certain or computable, due upon contract, express or implied. C. S., 595.

Appeal by plaintiff from Stacie, J., at May Term, 1928, of Guileoed.

Affirmed.

L. B. Williams, Gold & York and Z. I. Walser for plaintiff.

Shuping & Hampton for defendant.

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.