Hecht Realty, Inc. v. Hastings

PARKER, Judge.

A judgment by default, as distinguished from an entry of default, may be entered by the clerk only when, among other conditions, “the plaintiffs claim against a defendant is for a sum certain or for a sum which can by computation be made certain.” G.S. 1A-1, Rule 55(b)(1). “In all other cases the party entitled to a judgment by default shall apply to the judge therefor.” G.S. 1A-1, Rule 55(b)(2).

Plaintiff’s claim as stated in its complaint in the present case was neither for “a sum certain” nor for “a sum which can by computation be made certain” within the meaning of Rule…