Sun Oil Company v. Hedge

Kirby, J.,

(after stating the facts). It is earnestly insisted by appellant that the court erred in not giving its instruction No. 1, directing the jury to return a verdict in its favor. It is true, as appellant contends, that plaintiff did not plead fraud, misrepresentations or mistake in the procurement of the release, -which appellee admitted that he signed voluntarily and understanding its effect, about four months after he had been discharged from the- hospital after treatment for the injury, and resumed work. It was not necessary, however, for plaintiff to file a reply alleging that the…