Upon the facts found by the judge, as fully set out in his order, his finding that the judgment rendered on the verdict at the August Term, 1929, of- the court, was not rendered through the mistake, inadvertence, surprise or excusable neglect of defendant, was correct. There was, therefore, no error in the order denying defendant’s motion that the said judgment be set aside. Norton v. McLaurin, 125 N. C., 185, 34 S. E., 269.
The defendant was represented in this action at the August Term, 1929, of the court by the attorney who had filed its answer, and who had entered an appearance for defendant as its attorney in the action. If the authority of this attorney to represent defendant in this action, as its attorney, had been revoked, no notice of such revocation had been given to the attorney for the plaintiff or to the court. In the absence of such notice, his authority to represent the defendant as its attorney in this action, continued. His knowledge that the action was on the calendar for trial at the August Term, 1929, of the court was imputed to the defendant. The law will not permit the defendant to repudiate its attorney of record after the trial, resulting in a judgment against it. There was no evidence offered at the hearing of defendant’s motion terming to show that defendant had not informed its attorney of record that it was agreeable to it that plaintiff’s damages should be assessed by the jury at $300; said attorney did not consent to a judgment in this action. He agreed only that the aetion should be tried at the August Term, 1929, upon plaintiff’s agreement that he would not ask the jury to return a verdict in excess of $300. This agreement was complied with. The order is
Affirmed.