Peterson v. A. Guthrie & Co.

(after stating the facts as above).

I am constrained to the conclusion that there was a mistake of a past and present existing fact, and that the plaintiffs were misled against their will in the execution of the release by statements, representations, and conduct of defendant’s agents, in that the plaintiffs were not advised as to the true status of the wife’s condition and were misled by statements of plaintiff’s legal status in relation to the wife’s presence at the place of injury, as disclosed by the evidence: (a) That she herself was a wrongdoer by trespassing on defendant’s property and…