Tucker Realty, Inc. v. Nunley

CROCKETT, Justice.

This action is grounded upon a promissory note for $1,020, signed by the defendant, Doyle L. Nunley. It was commenced by service of summons on March 31, 1962. There having been no appearance or answer, judgment by default was entered August 24, 1962. Upon defendant’s motion, served and filed in October, the trial court, on November 14, 1962, set aside the default judgment and permitted the defendant to file his answer.

Defendant does not deny the execution of the note, but claims discharge of the debt by a painting job on a duplex for which the plaintiff credited him with…