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JOHN HENRY SPAINHOUR & SONS GRADING CO. v. CAROLINA E.E. HOMES, INC.

No. 9117DC1151.

426 S.E.2d 728 (1993)

109 N.C. App. 174

JOHN HENRY SPAINHOUR & SONS GRADING COMPANY, Plaintiff, v. CAROLINA E.E. HOMES, INC., Southern Single Family Homes, Inc. and Bobby J. Shelton, Defendants.

Court of Appeals of North Carolina.

March 2, 1993.

Attorney(s) appearing for the Case

Theodore M. Molitoris and Robert S. Blair, Jr., Winston-Salem, for plaintiff-appellee.

Bailey & Dixon, by Gary S. Parsons, Patricia P. Kerner, and Kenyann Brown Flippin, Raleigh, for defendant-appellants.

EAGLES, Judge.

Defendant Shelton argues that the trial court erred by failing to set aside the default judgment and the entry of default. We agree.

I.

Initially, we note that the entry of a default judgment against defendant Shelton by the Clerk of Stokes County Superior Court was improper. Plaintiff argues that the entry of default judgment was proper because defendant Shelton was acting individually rather than as an agent of the corporation and...

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