BRYAN v. NOBLE


5 Wis.2d 48 (1958)

BRYAN, Respondent, v. NOBLE and another, Appellants.

Supreme Court of Wisconsin.

October 7, 1958.


Attorney(s) appearing for the Case

For the appellants there were briefs by La France, Thompson, Greenquist, Evans & Dye of Racine, and oral argument by Alfred E. La France and William E. Dye.

For the respondent there was a brief by Foley, Capwell & Foley of Racine, and oral argument by Rex Capwell.


HALLOWS, J.

The appellants contend the release was not executed under a mutual mistake of fact. This is based on the statement in the adverse examination of the plaintiff that one of the doctors had suggested to the plaintiff the possibility of his condition being related to the automobile accident prior to the execution of the release. When plaintiff executed the release he did so voluntarily and there was no fraud, duress, or undue influence on the part of the adjuster...

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