Thomas & Howard Co. v. T.W. Graham & Co.

This is an action on an open account. Thomas & Howard Company, Inc., sued T.W. Graham and Co., and its two partners, Robert M. Graham, and Robert M. Graham, Jr.,1 to collect the unpaid balance of an account owed to it, service charges, and attorney’s fees. The Grahams never answered the verified complaint and a default judgment was entered against them. More than one year later, the Grahams moved to set aside the default judgment. The court denied the motion. The Grahams appeal. We affirm in part and reverse and remand in part.

Thomas & Howard, a supplier of grocery store products, entered…