McPeck v. McCarthy

The-complaint herein contains a cause of action to recover damages for wrongful death and another cause of action for the pain suffered by the decedent prior to death. The first cause of action (for damages for wrongful death) contains, however, additional allegations to the effect that the plaintiff rescinded a settlement of the claim for damages and tendered the consideration received, when she discovered that she had been induced to settle the case by reason of certain fraudulent representations made by the defendants Avho refused to accept the return of the money received in settlement.…