Caudill v. CHATHAM MANUFACTURING COMPANY

One of the questions posed by this appeal is whether the mutual mistake of fact upon which plaintiff relies is such as will permit a court exercising equity jurisdiction to annul the compromise agreement and release.

“A release executed by the injured party and based on a valuable consideration is a complete defense to an action for damages for the injuries and where the execution of such release is admitted or established by the evidence it is necessary for the plaintiff (releasor) to prove the matter in avoidance.” Ward v. Heath, 222 N.C. 470, 24 S.E. 2d 5. We have held that a release from…