SALEM v. FRANKLIN

No. 17496.

365 S.E.2d 66 (1987)

Sam SALEM and Sam Salem d/b/a Britannia Bygones International v. Dana FRANKLIN and Dana Franklin d/b/a Franklin Galleries.

Supreme Court of Appeals of West Virginia.

December 16, 1987.


Attorney(s) appearing for the Case

Raymond G. Musgrave, Pt. Pleasant, for Salem et al.

James M. Robinson, Huntington, for Franklin.


PER CURIAM:

This is an appeal by Dana Franklin from a default judgment order entered by the Circuit Court of Cabell County in a contract action. On appeal the appellant asserts that he filed a proper and timely answer to the plaintiff's complaint and that under the circumstances the circuit court erred in entering default judgment against him. After reviewing the record this Court agrees and reverses the judgment of the Circuit Court of Cabell County.

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