Dimmick v. Pullen

Frankum, Justice.

This case is before this court upon appeal from the grant of a summary judgment in favor of the defendant “as to each and every prayer of the plaintiff’s peti tion.” The plaintiff sought the cancellation of a promissory note on the grounds of alleged fraud in the procurement of the note. Held:

Argued May 16, 1968 Decided July 2, 1968. Preston L. Holland, for appellant. Terrill A. Parker, for appellee.

“He who would have equity must do equity, and give effect to all equitable rights in the other party respecting the subject matter of the suit.” Code § 37-104. “A contract may be…