Stone Conveyor Co. v. Nickerson

The action herein (for goods sold and delivered) was commenced by the service of a summons and complaint on May 9,1962. Several extensions of time to answer were granted, the defendant’s attorney having advised plaintiff’s counsel that a third party had purchased defendant’s business, had assumed the obligations thereof and would arrange to pay. Considerable communication ensued between the attorneys but no payment or arrangement having been made by September 19,1962, a default judgment was taken. Thereafter, according to the plaintiff’s affidavit, an answer containing a general denial was…