Laing v. LIBERTY LOAN CO. OF SMITHFIELD, ETC.

VAUGHN, Judge.

The issue raised by this case is whether the trial court acted properly in striking defendant’s answer and entering judgment by default. We hold the trial court properly applied the discretionary powers of sanction for discovery abuse provided in Rule 37 of the North Carolina Rules of Civil Procedure.

Plaintiff has alleged performance of a contract to provide legal service, and defendant has never really denied this contract and its performance. To prove his damages, plaintiff would have to show money was collected on the thirty-seven judgments he obtained. Business records and…