Thomas v. Hollowell

JUDGE SCHEINEMAN

delivered the opinion of the court.

This suit is a claim for personal injuries received in a vehicular collision. The answer set forth a complete release given by the plaintiff for the consideration of $350. The plaintiff replied that the release was void, by reason of a mistake on his part, due to lack of knowledge of certain facts. A motion for judgment on the pleadings was sustained by the trial court and a judgment was entered for defendant, from which this appeal is taken.

The facts set up in the reply do not indicate any mutual mistake, nor that the release was obtained by…