Lawler Mobile Homes, Inc. v. Ellison

This is an appeal from the denial of a motion to set aside a judgment by default.

Plaintiff Ellison brought suit against Lawler Mobile Homes, Inc. and Nationwide Financial Corporation for breach of an implied warranty of fitness and merchantability in the sale of a mobile home. After taking testimony the court, on July 15, 1977, entered judgment by default against Lawler Mobile Homes, Inc., awarding damages in the amount of $3,750. On August 12, 1977 Lawler moved to set aside the judgment under Rule 55 (c). The motion was denied on October 11. Defendant Nationwide Financial Corporation moved…