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231 N.C. 602

58 S.E.2d 363

Lee v. Rhodes

Supreme Court of North Carolina

Decided March 22, 1950

Supreme Court of North Carolina · decided 1950-03-22

Relies on Moore v. Fidelity & Casualty Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1950-03-22

How this case has been cited

Cited by 8 later decisions — most recently April 2011

8 state decisions

201950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 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.

¶2*603 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.

¶3 Hence, in tbe judgment below, we find

¶4 No error.

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