Byerly v. General Motors Acceptance Corp.
Cases that cite this one
1 later published case cites this decision.
- Chozen Confections, Inc. v. . Johnson (N.C. 1940)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.