Maw v. McAlister

Brailsford, Justice.

This is an appeal from a judgment for plaintiff for $40,000.00 for personal injuries sustained in a motor vehicle collision on August 7, 1965. The defendants pled an “Agreement and Release,” duly excuted by plaintiff and by defendants’ insurance carrier on August 26, 1965, as a bar to the tort action. The written agreement, by its unambiguous terms, released and discharged defendants from all liability to plaintiff arising out of the collision. The consideration for the discharge of the tort claim was the sum of $265.50 paid to plaintiff by the insurance carrier and its…