Leach v. Robertson

WEBB, Judge.

The question posed by this appeal is whether plaintiff may maintain an action for personal injuries while relying on a complete release given by the defendant to defeat the defendant’s counterclaim for property damages. We hold that she *456may not. By pleading the release in her reply, the plaintiff ratified the compromise settlement and her claim is barred. Bongardt v. Frink, 265 N.C. 130, 143 S.E. 2d 286 (1965); Keith v. Glenn, 262 N.C. 284, 136 S.E. 2d 665 (1964); Bradford v. Kelly, 260 N.C. 382, 132 S.E. 2d 886 (1963); Snyder v. Oil Co., 235 N.C. 119, 68 S.E. 2d 805 (1952); Lyon…