Attridge v. Maines

Beasley, Judge.

Maines brought suit against G. P. Attridge, individually, and d/ *473b/a Luxury Imports alleging, inter alia, breach or anticipatory breach of contract in the sale of a certain Mercedes automobile. On April 20, 1984, counsel for defendant waived process and acknowledged service of the complaint. On June 4, the forty-fifth day after acknowledgment of service, the defendant filed an answer and counterclaim, which stated, among other things, that defendant had failed to file an answer within thirty (30) days of acknowledgment of service thereby sending the case into default and that…