BROWN v. WINDHOM

No. 9010DC1234.

408 S.E.2d 536 (1991)

104 N.C. App. 219

Herman M. BROWN, Plaintiff, v. L.H. WINDHOM, d/b/a Windhom Brothers, Defendant.

Court of Appeals of North Carolina.

October 1, 1991.


Attorney(s) appearing for the Case

Mattox & Davis, P.A. by W. Gregory Duke and Fred T. Mattox, Greenville, for defendant appellant.

No brief filed for plaintiff appellee.


COZORT, Judge.

Defendant appeals from the trial court's denial of defendant's Rule 60 motion to set aside the judgment. We affirm, finding no error in the trial court's conclusion that it was unreasonable for defendant to delay almost a year before filing the motion.

On 17 November 1987, plaintiff Herman Brown brought an action against defendant L.H. Windhom, d/b/a Windhom Brothers. Plaintiff sought rescission of a contract and alternatively sought relief...

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