BASS PECAN CO. v. BERGA

1951877.

694 So.2d 1311 (1997)

BASS PECAN COMPANY v. Mildred M. BERGA.

Supreme Court of Alabama.

May 9, 1997.


Attorney(s) appearing for the Case

James E. Smith, Fairhope, for appellant.

Daniel G. Blackburn, Bay Minette, for appellee.


COOK, Justice.

The defendant, Bass Pecan Company, appeals from a $529,069 default judgment in favor of the plaintiff, Mildred M. Berga. The issue is whether the trial court abused its discretion in denying Bass Pecan's motion to set aside that default judgment. We reverse.

Mildred Berga purchased 424 pecan saplings for $3,568.50 from Bass Pecan Company in April 1983. Berga planted the saplings on approximately 40 acres of land that she owned in Baldwin County...

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