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Byerly v. General Motors Acceptance Corp.

Court: Supreme Court of North Carolina
Date filed: 1928-11-07
Citations: 145 S.E. 236, 196 N.C. 256
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1 Citing Case
Lead Opinion

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. PlumbingCo., 195 N.C. 629. The judgment of the court below is

Affirmed.