Bryan v. Noble

The appellants contend the release was not executed under a mutual mistake of fact. This is based on the statement in the adverse examination of the plaintiff that one of the doctors had suggested to the plaintiff the possibility of his condition being related to the automobile accident prior to the execution of the release. When plaintiff executed the release he did so voluntarily and there was no fraud, duress, or undue influence on the part of the adjuster. Respondent contends that there was a triable issue of fact as to the existence of a mutual mistake of fact. The affidavits show that…