Johnson v. Holbrook

STEWART, Judge.

The principal question involved in this appeal is whether the lower court acted improperly when it refused to submit to a jury the issue of mutual mistake in the execution of a release but, instead, heard and determined the issue on proof taken by depositions. A further inquiry is whether the chancellor’s findings of fact are clearly erroneous and should be set aside.

The essential facts are that appellant, Joe Johnson, Jr., a structural ironworker, on October 30, 1952, was employed by appellee, Cam Holbrook, to install steel trusses for the support of a church roof in…