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OAKS v. GROCERS WHOLESALE, INC.

No. 245.

377 P.2d 1001 (1963)

Edgar K. OAKS, d/b/a Alert Vending Machine Co., Appellant, v. GROCERS WHOLESALE, INC., Appellee.

Supreme Court of Alaska.

January 21, 1963.

Attorney(s) appearing for the Case

W.C. Arnold and George T. Yates, Anchorage, for appellant.

Theodore M. Pease, Jr., and Burr, Boney & Pease, Anchorage, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

DIMOND, Justice.

The main question here is whether a default judgment against the appellant, Oaks, should be set aside as being in violation of that part of Civ.R. 54(c) which provides:

"A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment."

In March 1957 Oaks gave his promissory note for approximately $37,000 to the plaintiff, Grocers Wholesale, Inc. The note was secured by a chattel...

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