DAVIS v. DAVIS

No. 96.

124 S.E.2d 130 (1962)

256 N.C. 468

Leola Fulcher DAVIS v. Joseph Neal DAVIS.

Supreme Court of North Carolina.

February 28, 1962.


Attorney(s) appearing for the Case

Harvey Hamilton, Jr., Morehead City, for plaintiff appellee.

Hamilton, Hamilton & Phillips by Luther Hamilton, Morehead City, for defendant appellant.


RODMAN, Justice.

Defendant, by demurrer to the reply, challenges the sufficiency of the facts alleged to invalidate the release admittedly executed. The release, by its terms, releases and discharges the defendant from all claims and demands arising out of the collision referred to in the complaint. The reply in substance alleges the insurance agent who took the release misrepresented its contents, assuring plaintiff that it related only to her medical and hospital...

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