Davis v. Bafus

Defendants Dan and Elaine Bafus, husband and wife, sought to set aside a default judgment taken against them, and appeal from the trial court’s refusal to do so.

The court reporter’s notes of the trial were lost and this matter comes before the court on an agreed statement of facts in narrative form. Respondent did not file a brief nor request permission to make oral argument.

This lawsuit arose out of the sale of a Tennessee Walking Horse and the alleged failure of defendants to deliver a certificate of registration within the 3 days agreed upon. As a basis for setting aside the default…