Gourley v. West Chicago St. R. R.

The one question presented upon this appeal is as to the effect of the writing, purporting to be a release of the claims of appellant, for which this suit was brought, when considered together with the testimony of appellant. If this writing stood alone and unexplained it would constitute a complete release of the claim declared upon and a bar to the suit. We have, then, to inquire if the testimony given bv appellant so far affects it as a valid release as to make its validity and force a question of fact which should have been submitted to the jury. There is no conflict in the evidence as to…