Byers v. Appleman

The parties to this proceeding in error had, prior to this litigation, entered into a contract to exchange real estate. Thereafter, Estella A. Appleton, defendant in error, concluded that she had been defrauded by the representations of the plaintiff in error, J. 0. Byers, and commenced an action against him for damages. A settlement of this controversy was effected by a written contract, whereby she received a certain sum of money and an assignment of a certain note and second mortgage against another, which Byers held as mortgagee. This agreement of settlement among various other…