Hendrie Buick Company v. MacK

BERNSTEIN, Justice.

This is an appeal from an order of the Graham County Superior Court vacating a default judgment entered in favor of appellant Hendrie Buick Company (hereinafter called the “plaintiff”) against A. R. Mack (hereinafter called the “defendant”). Plaintiff appeals also from the order which granted defendant leave to file an amended motion to vacate the default judgment.

Plaintiff commenced the instant replevin action to recover from defendant an automobile which plaintiff had sold to a third person under a conditional sales contract. The purchaser, in default under the contract,…