Picklesimer v. Baltimore & Ohio Rd.

The basis of the defendant’s contention is the failure of the plaintiff to allege that he has returned or offered to return the consideration of $900 received by him from the defendant when the-release was executed.

The controversy is simplified by the helpful and proper agreement of counsel that the alleged misconduct of the defendant does not involve fraud in the factum rendering the release void. Rather, it is the complaint of the plaintiff that the conduct of the defendant constituted fraud in the inducement rendering the release merely voidable. Apparently the Court of Appeals…