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PEDERSEN v. BRING

No. 50658.

117 N.W.2d 509 (1962)

Arlene PEDERSEN, Plaintiff-Appellant, v. Jeanette H. BRING, Defendant-Appellee. Jeanette H. BRING, Cross-Petitioner-Appellee, v. George D. FREEMAN, Mavis I. Nelson and Lyle V. Nelson, Cross-Defendants-Appellees.

Supreme Court of Iowa.

October 16, 1962.

Attorney(s) appearing for the Case

James & Greer, Spencer, and Erickson, Zierke & Kuderer, Fairmont, Minn., for plaintiff-appellant.

Fitzgibbons & Fitzgibbons, Estherville, for appellee, Jeanette H. Bring.

Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, for appellee, George D. Freeman.

Cornwall, Cornwall & Avery, Spencer, and Austin, Grefe & Sidney, Des Moines, for appellees, Mavis I. Nelson and Lyle V. Nelson.

THOMPSON, Justice.

This appeal presents but one question, the construction of an instrument denominated "Covenant not to Sue" which the plaintiff executed and delivered to cross-defendants Mavis I. Nelson and Lyle V. Nelson. The trial court, upon an application for determination of law points, held that the covenant is in fact a full release, and so prevents the plaintiff from proceeding against the original defendant Jeanette H. Bring, and the additional cross-defendant...

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