Lynam v. . Califer

64 N.C. 572

• Court: Supreme Court of North Carolina
• Decided: June 5, 1870
• Status: Published

Opinion

Settle, J.

This was a bill in equity seeking to correct a mistake, by putting out of the way a seal which was attached to the signatures of a firm name; and also to en force the payment of the debt.

All questions of fact as well as of law were submitted, by agreement of parties, to the decision of his Honor. The facts found are fully set forth in the statement of the case transmitted to this Court, and clearly justify his Honor in decreeing the relief which he granted. Indeed the bill and answers (without regard to proofs, upon which his Honor also acted) make a strong case for relief. It is against conscience for the defendants to take advantage of a mere mistake in attaching a seal to the name of their firm. The power of the Court to grant the relief prayed for, is discussed in McKay v. Simpson, 6 Ire. Eq. 452; and in Womack v. Eacker, Phil. Eq. 161.

Pee Cueiam. Judgment affirmed.