Commercial Credit Corp. v. Knight

Ness, Justice:

This appeal is from an order permitting respondents Knight to answer and denying appellant’s motion for default judgment. We reverse.

A claim and delivery action was instituted by appellant Commercial Credit Corporation by service of a verified summons and complaint on June 24, 1977. Respondents did not serve an answer within twenty days after service, but contacted appellant’s attorney who responded by letter quoting an amount appellant would accept to bring the accounts current provided payment was tendered by July 19th. Respondents neither tendered payment nor answered the…