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eBook details

• Title: Hudson V. Herschbach Drilling Co.
• Author : New Mexico Supreme Court
• Release Date : January 02, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

On June 12, 1940, appellee filed an application to set aside the judgment entered in said cause and to reopen and try the case, alleging the incapacity of appellee to make a contract because of physical and mental infirmities. To this application an answer was filed by the appellants and the cause was tried upon the issue of whether the judgment should be set aside, and the case reopened for trial. Evidence was taken and the trial court concluded that the appellee had capacity to contract, and had been fairly compensated for his known injuries at the date of the settlement; but that the parties did not contemplate, have in mind, or take into consideration in entering into such settlement, that appellee's brain was injured, as now claimed. That there was a mutual mistake of fact established by evidence, that was unknown and could not have been discovered at the time of the entry of the judgment, which authorized the court to set it aside and grant a rehearing of the case on the question of appellee's brain injury and his right to compensation therefor. Thereupon the trial court treated the complaint as having been amended to conform with the theory of mistake of fact in making the settlement, and offered to give appellants time and opportunity "for the purpose of showing that the workman is (was) not under disability from the claimed injury to the brain."  Upon suggestion of appellants the trial court required appellee to file an amended claim for compensation. Appellant requested time to answer the amended claim, which was granted by the trial court, but no answer was ever filed.

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