Western Newspaper Union v. Woodward

WHITTAKER, District Judge.

This action for rescission is now before me upon defendant’s motion for a summary judgment in his favor. His contention is that the averments of the complaint, and of a portion of paragraph 4 of his answer (stipulated by the parties to be taken as true for the purposes of this motion and its decision), and the recitals of the affidavits and exhibits on file, show that all claims of the plaintiff against the defendant were liquidated, satisfied and discharged as the legal effect of a general release given by plaintiff to one W. W. Brown, in New York, on August 16,…