Goodyear v. Davis

The opinion of the court was delivered by

Harvey, J.:

Appellant asks for a rehearing and calls our attention to instructions complained of in his brief, not mentioned in the opinion, pertaining to the mental capacity of Lewis Goodyear to execute the release and pertaining to the mutual mistake plead by plaintiff as a reason for setting aside the release. Some of these instructions should have been discussed in the opinion but we shall not attempt to discuss them now. On the retrial, which will involve these issues, we simply wish to say that our silence concerning them in the opinion does not…