Armour & Co. v. Renaker

Citations

• 191 F. 48
• 1911 U.S. App. LEXIS 5517

Syllabus

<p>1. Compromise and Settlement (§ 19*) — Correcting foe Mistake — Gross Kegligence — Equities of Parties.</p> <p>A compromise and settlement, made after extended negotiations between complainant and defendants, involving mutual accounts, many items of which were in dispute, and which has been fully executed, will Dot be reopened by a court of equity to permit complainant to recover from defendants the amount of an item with which, through mistake, it omitted to charge defendants in iis account, although such item was a proper charge, and complainant made the settlement in the mistaken belief that its account contained all items in its favor, where it does not appear whether or not. defendants know that complainant was acting under the mistake, hut does appear that they probably would not have agreed to a settlement more favorable to complainant, and that under the evidence the one made was as favorable as complainant was equitably entitled to, and it is further shown that its mistake was due to1 gross negligence, and that it failed to correct it. although its attention was called to it before the settlement was consummated.</p> <p>fEd. Note. — For other cases, see Compromise and Settlement, Cent. Dig. §§ 71-75; Dec. Dig. § 19.*]</p> <p>2. Equity (§ 425*) — Denial of Relief — Effect of False Testimony hy Defendant. ’</p> <p>The fact that the court is persuaded that defendants in an equity suit have testified falsely does not justify it in refusing to enter a decree in their favor where required by the other evidence in the ease without considering any of their testimony.</p> <p>fEd. Noto. — For other cases, see Equity, Dec. Dig. § 425.*]</p>