Badalow v. Evenson

This case may best be characterized as a procedural snarl. It involves an appeal by leave from an order of the trial court setting aside a default judgment and permitting the defendant to file an answer to the complaint.

The defendant purchased a business known as the Odyssey Lounge from the plaintiffs for the sum of $110,000. Pursuant to the terms of the purchase agreement the defendant paid $30,000 as a down payment and executed a promissory note and security agreement for the balance. The security agreement covered the furnishings and equipment as well as the transfer of the liquor license…