Smith v. White Motor Co.

Alessandroni, J.,

This matter comes before the court on motions to strike and to open a judgment entered by default. The facts are as follows:

Plaintiff obtained a truck from defendant on the basis of a written agreement denominated “lease”. Plaintiff defaulted on the installments due, whereupon defendant replevied the truck and thereafter sold it at a private sale. The balance due defendant in March of 1951 was $2,972.30. Defendant credited the sum received against the amount due from plaintiff.

In March 1951 plaintiff filed a complaint in assumpsit claiming a recovery for failure to follow the…