HERNDON v. WRIGHT

19302

257 S.C. 98 (1971)

184 S.E.2d 444

Tal H. HERNDON, Appellant, v. Jefferson WRIGHT, Respondent.

Supreme Court of South Carolina.

November 1, 1971.


Attorney(s) appearing for the Case

Colden R. Battey, Jr., Esq., of Harvey, Harvey & Battey, Beaufort, for Plaintiff-Appellant.

Messrs. Joseph H. McGee and E.C. Bricklemyer, Jr., of Buist, Moore, Smythe & McGee, Charleston, Defendant — for the Respondent.


November 1, 1971.

BRAILSFORD, Justice:

Plaintiff appeals from an order sustaining defendant's demurrer to his second cause of action, whereby he seeks rescission, on the ground of mutual mistake, of a release executed by him following an automobile collision in which he sustained personal injuries. The complaint, in form, is divided into three causes of action. The first is for damages for personal injuries, and the...

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