Penfound v. Gagnon

This is an action for specific performance brought by the purchaser of real estate under an executory contract. The default of the defendants was regularly entered by a court commissioner on February 19, 1932. On February 20, findings were made and judgment entered in accordance with the allegations and prayer of the complaint. February 24, defendants filed a motion to set aside the order of default and vacate the judgment. The motion was supported by an affidavit setting up facts tending to excuse the default and alleging “that said defendants have a meritorious defense.” Motions for new…