Chicago Portrait Co. v. Furches

Richard Miller, in the presence of his codefendant, J. G. Miller, after examining the account, signed a statement declaring that there was a balance due of $540.28. The undisputed evidence tended to show that J. G. Miller was present at the interview with the consent and approval of his codefendant, H. V. Furches. There was no allegation of fraud or mistake in the pleadings, and no evidence thereof. Thus the principle applicable was stated in Morganton v. Millner, 181 N. C., 364, 107 S. E., 209, as follows: “There is, however, another principle equally wholesome, and as fully established with…