Denton v. Utley

This case must be read with great care. We are upsetting the particular release here in volved. We are not saying that all releases are vulnerable. What we are saying is that releases have no particular immunity of their own to attack on the ground of mistake or fraud. * There is no form of words, there is no formula, no instrument, no transaction, that rises above the chancellor’s scrutiny or resists his intervention. “Fiat justitia mat coelum.”

In the case before us Vernon Denton got into an automobile accident. At the time he had what he calls “collision insurance with a $50 deductible…