McGRATH v. BILL JOHNSTON GOLF PROPERTIES, INC.

No. 1 CA-CIV 1116.

13 Ariz. App. 49 (1970)

474 P.2d 56

Gerald W. McGRATH, Appellant, v. BILL JOHNSTON GOLF PROPERTIES, INC., an Arizona corporation, William Johnston and H. Furman Byars, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied September 17, 1970.

Review Denied November 4, 1970.


Attorney(s) appearing for the Case

Cavness, DeRose & Senner, by John W. Rood, Phoenix, for appellant.

Moore, Romley, Kaplan, Robbins & Green, by Craig R. Kepner, Phoenix, for appellees.


CAMERON, Judge.

This is an appeal by the plaintiff, Gerald W. McGrath, from a summary judgment granted by the Superior Court of Maricopa County in favor of the defendants Bill Johnston Golf Properties, Inc., William Johnston, and H. Furman Byars.

Two issues have been raised by this appeal from that summary judgment:

1. Is the threat of a civil lawsuit sufficient duress to invalidate a release? ...

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