Opinion
(Filed 7 November, 1928.)
Judgments by Default Final — 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 Stack, J., at May Term, 1928, of GUILFORD. Affirmed.
L. B. Williams, Gold York and Z. I. Walser for plaintiff.
Shuping Hampton for defendant.
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.