Simpson v. Townsley

PHILLIPS, Circuit Judge.

On November 3, 1957, a collision occurred between a motor vehicle being driven by Daniel Arthur Simpson1 and a motor vehicle being driven by Meda Oneida Smith,2 near the intersection of Susank-Galatia Road and U. S. Highway 281 in the State of Kansas, resulting in injuries to Simpson. Thereafter, on December 30, 1958, Simpson and Rosalie Simpson, his wife, executed and acknowl*745edged a writing entitled “covenant not to sue” running to Smith and her husband, Elmer Smith, in which the Simpsons covenanted, in consideration of $10,000 paid to them by Smith and Elmer Smith,…