El Paso & Southwestern Co. v. Kramer

The appellee had judgment below against the appellant in a suit for damages for personal injuries.

There is but one assignment of error, to the effect that the court below erred in refusing a peremptory instruction for the defendant, for the reason that it was shown that the plaintiff and defendant had compromised and settled all of the cause of action" set up by the plaintiff in this suit.

The compromise and settlement having been pleaded by appellant in the lower court, the appellee by supplemental petition to avoid said release alleged: That certain statements and representations had been…