Johnston, Inc. v. Weinstein

OPINION

The appellant filed suit against the respondents for money due from the sale of merchandise, and for punitive damages as a result of allegedly fraudulent representations. After service of process upon the respondents and their failure to timely answer the appellant took a default, and judgment was entered against the respondents on July 29, 1970.

On November 20, 1970, the respondents moved to set aside the judgment. Attached to their motion was an affidavit containing factual assertions to show excusable neglect and what would be a meritorious defense if proven. Also attached to the…