DOYLE v. TEASDALE


263 Wis. 328 (1953)

DOYLE and another, Respondents, vs. TEASDALE and another, Appellants.

Supreme Court of Wisconsin.

March 3, 1953.


Attorney(s) appearing for the Case

For the appellants there was a brief by Aberg, Bell, Blake & Conrad of Madison, and oral argument by Edwin Conrad.

For the respondents there was a brief by Stroud, Stebbins, Wingert & Stroud of Madison, and oral argument by B. H. Stebbins.


CURRIE, J.

This appeal presents the following issues:

(1) Is the release voidable on the ground of having been executed as a result of mutual mistake;

(2) Is Doyle barred from seeking to set aside the release by reason of the fact that he failed to tender back the $1,400 received by him as consideration for the release; and

(3) If the release is not voidable on the ground of mutual mistake, is such release binding upon the Travelers Insurance...

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