The complaint alleges that plaintiff "sold to defendant" a motor boat at an agreed price. No delivery is pleaded. Defendant being in default in the action, judgment was taken against him. The moving affidavit on the application to open the default states that the motor boat was not delivered or turned over to defendant by plaintiff. No proof is adduced by plaintiff showing delivery of the boat, and, as it has been seen, the complaint does not allege delivery. Thus, a defense...
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