Supreme Court
Decision Information
Abstract: Action for debt on an account - Defendant Mackenzie substantially indebted to the Plaintiff - Defendant Vail guaranteed the debts of Mackenzie - Defendant Vail claimed he signed the guarantee, not in his personal capacity, but as a shareholder in the Defendant Mackenzie.
Decision: Action allowed and judgment entered against both Defendants - Court rejected the argument of non est factum by the Defendant Vail - Defendant Vail not credible in his testimony - Court found he was aware of the effect of the guarantee and not misled by the Plaintiff - Nominal damages to the Defendant for breach of contract by the Plaintiff - Set off by counterclaim in the amount of $500.00 - Costs to the Plaintiff.
Subjects: Contracts - Mistake - Non est factum
Creditors and debtors