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EDWARDS v. STEWART MOTOR COMPANY

No. 2739.

171 A.2d 257 (1961)

Burton L. EDWARDS, Appellant, v. STEWART MOTOR COMPANY, Inc., t/a Triangle Motors, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided June 12, 1961.

Attorney(s) appearing for the Case

Leon Shampain, Washington, D. C., for appellant.

Nelson Deckelbaum, Washington, D. C., with whom Milford F. Schwartz, Washington, D. C., was on the brief, for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

QUINN, Associate Judge.

This is an appeal from an order refusing to vacate a judgment by default on a counterclaim. The only question raised is whether the trial court abused its discretion in refusing to set aside the default.

These are the facts: On April 25, 1957, appellant filed a suit against appellee for breach of contract with regard to the purchase of a tractor. On May 17 appellee filed an answer admitting the sale but alleging a breach on the part...

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