Wiseman v. Stocks

ERVIN, Judge.

Wiseman appeals from a judgment entered in favor of defendant Stocks following a hearing on Wiseman’s motion for default judgment on his claim for breach of contract damages, contending that the entry of such judgment was error because, in reaching its conclusion that Wiseman had failed to satisfy all conditions precedent to the contract, the court had no right to rely upon evidence taken at the hearing on the ground that Stocks’ default had the effect of admitting the truth of the allegations in Wiseman’s complaint, representing that he had complied with all conditions precedent…