Style v. Greenslade

This is a suit to recover damages for personal injuries sustained in an automobile collision. Defendant filed a motion, supported by affidavits, to dismiss on the ground of settlement and release. ' Copy of the release, signed by plaintiff, was attached. Plaintiff filed counter affidavits alleging that the release was procured from her by the fraudulent inducements and misrepresentations of the agent of defendant’s insurer. Plaintiff’s attorney filed an affidavit to show waiver, by defendant or his agent and insurer, of tender of the amount paid plaintiff under the settlement agreement.…