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FARWELL v. NEAL

Docket No. 11958.

40 Mich. App. 351 (1972)

198 N.W.2d 801

FARWELL v. NEAL

Michigan Court of Appeals.

Decided April 28, 1972.

Attorney(s) appearing for the Case

Bergstrom, Slykhouse & Shaw (by H. David Soet), for plaintiffs.

Landman, Hathaway, Latimer, Clink & Robb (by Charles H. Rawlings), for defendant.

Before: J.H. GILLIS, P.J., and R.B. BURNS and DANHOF, JJ.

R.B. BURNS, J.

Plaintiffs filed suit to recover damages resulting from an accident in which their vehicle collided with a truck driven by defendant. Defendant disclaimed liability and filed a motion for accelerated judgment based upon a release signed by plaintiffs.1 Asserting that the release was obtained by fraudulent misrepresentations, the plaintiffs timely demanded a jury trial as to the validity of the release. The trial judge denied...

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