Van Avery v. Seiter

Plaintiff’s complaint, filed in January of 1964, was framed around Hall v. Strom Construction Company (1962), 368 Mich 253. It presents the same question; whether a release of tort liability executed in consideration of an agreed and paid sum should be enjoined as a defense to an action for damages, counting upon the same liability, which the releasor has subsequently commenced. Too, as in Hall v. Strom, it concentrates attention upon equity’s general rule that each like action should come to consideration and decision upon its own distinctive facts.

The pleaded issues were not tried according…