
    
      W. B. BYERLY v. GENERAL MOTORS ACCEPTANCE CORPORATION.
    (Filed 7 November, 1928.)
    Judgments by Default Pinal — When May be Rendered.
    A judgment by default final is irregularly entered upon a pleading that does not allege a sum certain or computable, due upon contract, express or implied. C. S., 595.
    
      Appeal by plaintiff from Stacie, J., at May Term, 1928, of Guileoed.
    Affirmed.
    
      L. B. Williams, Gold & York and Z. I. Walser for plaintiff.
    
    
      Shuping & Hampton for defendant.
    
   Pee CueiaM.

This was a motion made by defendant to set aside a judgment by default final. From a careful perusal of the record, we do not think the allegations of the complaint allege breaches of express or implied contracts for sums certain or computable; nor did the complaint allege a promise to pay the total amount sued for. C. S., 595.

The judgment by default final was irregular; the court below found as a fact that defendant had a meritorious defense. See Supply Co. v. Plumbing Co., 195 N. C., 629. The judgment of the court below is

Affirmed.  