Horton v. Pringle

OPINION

The appellant filed suit against the respondent alleging a default by respondent in a sales agreement and for damages in *359the amount of $7,000. After service of process upon respondent and his failure to timely answer appellant took a default, and judgment was entered against respondent on March 5, 1971.

On March 26, 1971 respondent moved to set aside the default and default judgment. Attached to his motion was an affidavit containing factual assertions to show excusable neglect and the statement that respondent had been advised by counsel that he had a valid and substantial defense to…