Thomas M. McInnis & Associates, Inc. v. Hall

BECTON, Judge.

Defendant, Janet H. Hall, appeals from the denial of her Rule 60(b)(1) motion to set aside a default judgment in the amount of $1,678.56.

On 21 July 1980, Janet Hall and her husband, Bobby R. Hall, entered into an auction contract with the plaintiff auctioneer, Thomas M. Mclnnis & Associates, Inc. (Mclnnis), which provided that Mclnnis would sell the Halls’ 70-acre poultry farm in exchange for commissions based on a set percentage of the sale price. After the high bidder at the 22 July 1980 auction had paid the earnest money into an escrow account, a dispute arose between the…