Lee v. Rhodes

58 S.E.2d 363, 231 N.C. 602, 1950 N.C. LEXIS 353

• Court: Supreme Court of North Carolina
• Decided: March 22, 1950
• Docket: 233
• Status: Published

Opinion

Per Curiam.

Careful consideration of the assignments of error presented by appellants on this appeal fail to show error in the trial below on the determinative issue in respect to the statute of limitations on defendants’ right of action for reformation of the paper writing in question on ground of mutual mistake. The statute in such cases begins to run from the discovery of the mistake, or when it should have been discovered in the exercise of due diligence. Moore v. Casualty Co., 207 N.C. 433, 177 S.E. 406, and numerous other cases.

Tbe trial judge presented tbe issue to tbe jury in tbe light of tbis principle. Tbe evidence of tbe respective parties as shown in tbe record of case on appeal is in conflict,' — -thus presenting a question for tbe jury, and tbe jury has answered against defendants.

Hence, in tbe judgment below, we find

No error.