Breanard v. Northern Pac. Ry. Co.

PHILLIPS, District Judge.

J. W. Breanard (hereinafter called plaintiff) brought this action against tbe Northern Pacific Railway Company (hereinafter called the railway company) to recover damages for fraud and deceit alleged to have been practiced upon plaintiff by a representative of tbe railway company in the compromise and release of a claim of plaintiff against tbe railway company for personal injuries. Tbe theory of plaintiff’s case is that he may affirm the contract of release and recover the damages which he suffered on account of such alleged fraud and deceit. At the close of…