W. H. F. C., Inc. v. Hayes
W. H. F. C., Inc. v. Hayes
Opinion of the Court
Appellant brought this action against ap-pellees to recover the balance of $551.41 due on a kitchen cabinet and a television set purchased at appellant’s store. Appellees answered the complaint claiming that the television set was inoperable and that appellant had refused to repair it. At the conclusion of the trial,
On appeal it is urged that since Cecelia Hayes did not appear at trial, a default should have been entered against her for $551.41. Appellant also contends that it did not have a reasonable opportunity to comply with the guaranty. Neither contention is valid. “Absence of a defendant when a case is called for trial after it is at issue does not warrant a judgment against him by default, but a trial or hearing on the issues is necessary and the judgment which follows is based on the proof adduced.” Klein v. Rappaport, D.C.Mun.App., 90 A.2d 834, 835 (1952).
Affirmed.
. Norman Hayes appeared pro se and for Cecelia Hayes.
. The record does not support appellant’s suggestion that the finding in the amount of $90 was only against Norman Hayes.
Reference
- Full Case Name
- W. H. F. C., INC., t/a Washington Household Furniture Company, Inc. v. Norman HAYES, Jr., and Cecelia Hayes
- Status
- Published