STAHLY CARTAGE CO. v. STATE FARM MUT. AUTO. INS. CO.

No. 34090.

475 S.W.2d 438 (1971)

STAHLY CARTAGE COMPANY, a Corporation, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied January 18, 1972.

Application to Transfer Denied February 22, 1972.


Attorney(s) appearing for the Case

Holtkamp & Amelung, Robert A. Wulff, St. Louis, for plaintiff-appellant.

Carter, Fitzsimmons & Brinker, Paul E. Fitzsimmons, George L. Fitzsimmons, Fitzsimmons & Fitzsimmons, Clayton, for defendant-respondent.


Motion for Rehearing or to Transfer to Supreme Court Denied January 18, 1972.

DOERNER, Commissioner.

Plaintiff appeals from a judgment in an action at law submitted to the court on what was tantamount to an agreed statement of facts. The decisive issue presented is whether an insurer which agreed to pay a claimant the sum of $10,000 as the consideration for a release executed by the claimant may lawfully refuse to pay, upon discovering that it had made a mistake...

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