Brantley Co. v. Briscoe

Clarke, Justice.

We are called upon to decide whether a covenant not to sue executed by a party to an earlier suit bars a subsequent action when neither the parties nor the subject matter is the same. We conclude that it does not and that the granting of a directed verdict must be reversed.

The facts leading up to the formation of this issue are far more complex than the issue itself. However, an outline of the facts is essential to the determination of the case. The cast of characters includes the following: C. Nevin Briscoe was president of The Brantley Company and its subsidiaries, the Wayne…