Farwell v. Neal

Plaintiffs filed suit to recover damages resulting from an accident in which their vehicle collided with a truck driven by defendant. Defendant disclaimed liability and filed a motion for accelerated judgment based upon a release signed by plaintiffs. Asserting that the release was obtained by fraudulent misrepresentations, the plaintiffs timely demanded a jury trial as to the validity of the release. The trial judge denied plaintiffs’ request for a jury trial and proceeded, in chancery, to validate the release.

Plaintiffs appeal claiming they were denied the right to a jury trial preserved in…