BYERLY v. ACCEPTANCE CORPORATION

Judgments by Default Final — When May be Rendered.

A judgment by default final is irregularly entered upon a pleading that does not allege a sum certain or computable, due upon contract, express or implied. C. S., 595.

PER CURIAM.

This was a motion made by defendant to set aside a judgment by default final. From a careful perusal of the record, we do not think the allegations of the complaint allege breaches of express or implied contracts for sums certain or computable; nor did the complaint allege a promise to pay the total amount sued for. C. S., 595.

The judgment by default final was irregular; the court below found as a fact that defendant had a meritorious defense. See Supply Co. v. Plumbing Co., 195 N.C. 629. The judgment of the court below is

Affirmed.