Harner v. Price
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Monongalia, rendered on the 22d day of September, 1876, in a cause in said court then pending, wherein Phillip W. Harner was plaintiff and William Price, and George W. McVicker were defendants, allowed upon the petition of said Harner. Hon. Charles S. Lewis, latejudge of the second judicial circuit, rendered the judgment appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Monongalia, rendered on the 22d day of September, 1876, in a cause in said court then pending, wherein Phillip W. Harner was plaintiff and William Price, and George W. McVicker were defendants, allowed upon the petition of said Harner. Hon. Charles S. Lewis, latejudge of the second judicial circuit, rendered the judgment appealed from. RAYMOND, JUDGE, furnishes the following statement of thecase: This is a case upon bill of injunction. It appears that on the 18th day of January, 1868, the plaintiff and one William…
1Judgment of the CourtHaymomd, Judge
In deciding this case it is necessary and proper to consider and discuss to some extent, how far a party is entitled to relief in equity from an act done by him under a mistake of law or fact. And first I will consider the effect of a mistake of law and afterwards a mistake of fact or facts. Agreements entered into in good faith but under a mistake of the law are generally held valid and obligatory upon the parties. 1 Story Eq. Jur. § 113, note 3. Mr. Story in the same work at § 11 <3 in referring to the said § 113 says: “ In a preceding section it has been stated that agreements made and…
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