HECHT RLTY., INC. v. HASTINGS

No. 7926DC693.

262 S.E.2d 858 (1980)

HECHT REALTY, INC. v. Joseph M. HASTINGS.

Court of Appeals of North Carolina.

February 19, 1980.


Attorney(s) appearing for the Case

Cannon, Kline & Blair by Eric M. Newman, Charlotte, for plaintiff-appellee.

Childers, Fowler & Whitt by Robert C. Whitt, Mount Holly, for defendant-appellant.


PARKER, Judge.

A judgment by default, as distinguished from an entry of default, may be entered by the clerk only when, among other conditions, "the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain." G.S. 1A-1, Rule 55(b)(1). "In all other cases the party entitled to a judgment by default shall apply to the judge therefor." G.S. 1A-1, Rule 55(b)(2).

Plaintiff's claim as stated in its complaint...

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