Jamieson, Inc. v. Copeland Coating Co.

This is an appeal by the defendant, Copeland Coating Company, Inc., from a denial by the Superior Court (Dickson, J.) of its motion to vacate a default judgment and rescind execution upon that judgment. We affirm the trial court’s denial of the motion to vacate the default judgment but reverse its decision denying rescission of execution on the judgment.

In September, 1982, the plaintiff, Jamieson, Inc., brought an action for breach of warranty against the defendant, alleging a defect in “Latex-ite,” a product plaintiff had purchased from the defendant and used during the summer of 1980.…