Whitemarsh Contractors, Inc. v. Wells

Jordan, Chief Justice.

At issue are the tests which should have been applied by the trial court in considering whether or not to grant the defendant Wells’ motion to withdraw admissions resulting by law from his failure to respond to Whitemarsh’s requests for admissions.

The unanswered requests served by Whitemarsh upon Wells called upon Wells to admit his receipt of certain checks, and to admit the preparation and accuracy of an accounting allegedly furnished to Whitemarsh by Wells’ in-house accountant.

Whitemarsh had sued Wells for an overpayment on an account for building materials.…