Supreme Court of North Carolina, 1928

Byerly v. General Motors Acceptance Corp.

Byerly v. General Motors Acceptance Corp.
Supreme Court of North Carolina · Decided November 7, 1928 · PER CURIAM.
145 S.E. 236; 196 N.C. 256; 1928 N.C. LEXIS 337 (South Eastern Reporter)

Byerly v. General Motors Acceptance Corp.

Opinion of the Court

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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