Harrison v. VMC Building Corp.

Plaintiff filed suit on August 15, 1974, alleging that defendant had breached a contract to sell him a house. The complaint prayed for injunctive relief and for money damages. Defendant did not answer and on November 20, 1974, default was regularly entered against defendant, notice of the entry thereof being served on defendant’s counsel the same day.

On February 6, 1975, defendant substituted counsel and his new counsel filed a motion to set aside default judgment (although no judgment had then been entered) on February 7, 1975, accompanied by a proposed answer and supporting affidavits.…