Jackson v. Rich

Felton, Justice.

In this action seeking cancellation, under the provisions of Code § 37-710, of a release given by the plaintiffs to the defendants in the sum of $417.02 in settlement of a claim for damages resulting from a collision, although the allegations of the complaint, of both great inadequacy of consideration and great disparity of mental ability in contracting the release, may be merely conclusions of the pleaders which may not be sustained by the evidence on the trial, nevertheless, the sufficiency of the allegations does not determine a motion for summary judgment; otherwise it…