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FIESER v. STINNETT

No. 46,713

212 Kan. 26 (1973)

509 P.2d 1156

DR. JOHN E. FIESER, Appellant, v. KENNETH J. STINNETT, and JAMES D. STINNETT, Appellees.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Terry O'Keefe, of Wichita, argued the cause, and Martha R. Hodges and Walter C. Williamson, both of Wichita, were with him on the brief for the appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Robert L. Howard, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

The issue in this case is whether a settlement release, executed by plaintiff-appellant for injuries suffered in an automobile accident, is binding and not invalidated by reason of either mutual mistake of fact or inadequacy of consideration. Plaintiff appeals from an adverse ruling by the trial court.

Dr. Fieser, the plaintiff, is a doctor of veterinary medicine...

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