Heard v. Johnson

Deen, Judge.

This case was decided on the pleadings, release, uncashed draft, deposition of plaintiff and affidavit of the insurance adjuster. The affidavit states that the adjuster prepared and the plaintiff signed the release; that he tendered plaintiff a draft for $330 with the statement that it was a release of all claims, and that he made no other representation concerning the release and draft. The plaintiff’s deposition on cross examination shows her to be a simple and ungrammatical person with a sixth grade education. Her uncontradicted testimony is to the effect that she received a…