LAING v. LIBERTY LOAN CO. OF SMITHFIELD, ETC.

No. 795DC743.

264 S.E.2d 381 (1980)

46 N.C. App. 67

H. P. LAING v. LIBERTY LOAN COMPANY OF SMITHFIELD AND ALBEMARLE.

Court of Appeals of North Carolina.

April 1, 1980.


Attorney(s) appearing for the Case

Harold P. Laing, Wilmington, for plaintiff-appellee.

Richard M. Pearman, Jr., Greensboro, for defendant-appellant.


VAUGHN, Judge.

The issue raised by this case is whether the trial court acted properly in striking defendant's answer and entering judgment by default. We hold the trial court properly applied the discretionary powers of sanction for discovery abuse provided in Rule 37 of the North Carolina Rules of Civil Procedure.

Plaintiff has alleged performance of a contract to provide legal service, and defendant has never really denied this contract and its performance...

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