Walcutt v. Inform Graphics, Inc.

Plaintiff, personal representative of the estate of Derek C. Lawley, brought this action on a promissory note (the Koski note) and a related assumption agreement under which, she contends, some of defendants owed approximately $76,000 to the decedent. Defendants interposed the affirmative defense that the note had been satisfied by a “mutual waiver and release” (the release) executed by plaintiff and defendants. In her reply, plaintiff sought reformation or rescission of the release because of her “unilateral mistake coupled with, and induced by, inequitable conduct on the part of defendants.”…