Venusa Export & Import Inc. v. Cavico Alamo Aircraft Sales, Inc.

DOWNEY, Chief Judge.

When appellee Cavico Alamo Aircraft Sales, Inc., failed to timely respond after service of summons the Clerk entered a default. Thereafter, but before judgment was entered upon said default, Cavico moved to set aside the default with a supporting affidavit and proposed answer setting forth various defenses among which was the defense that appellee was a distributor only and that it neither manufactured, installed nor repaired the engine in question. The affidavit states that after Cavico conferred with the engine manufacturer, an unserved defendant, Cavico sent the suit…