JOHNSON v. HOLBROOK


302 S.W.2d 608 (1957)

Joe JOHNSON, Jr., Appellant, v. Cam HOLBROOK, Appellee.

Court of Appeals of Kentucky.

May 24, 1957.


Attorney(s) appearing for the Case

Creech & Cox, Ashland, for appellant.

Burchett & Burchett, Ashland, for appellee.


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...

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