Davis v. Hoeffken Bros., Inc.

Plaintiff filed suit in the Circuit Court of St. Clair County to recover for damage to her residence as the result of alleged negligence of the defendant, a building contractor, while constructing a highway near plaintiff’s home. A motion to make the complaint more definite and certain was filed and allowed, and plaintiff filed an amended complaint.

Defendant filed a motion to dismiss the amended complaint with prejudice, on the ground that plaintiff had executed a full release of all claims asserted therein. A copy of the release was incorporated in the motion, and the motion was verified by…