Dial Temp Air Conditioning Company v. Faulhaber

*92On Rehearing

As we stated in our original opinion, until the release of February 28, 1958 is set aside, that instrument stands as a bar against appellee’s claim based on alleged earlier fraudulent sale to him of corporation stock. We further held that the record shows no adequate grounds for setting aside the release. Therefore it really becomes immaterial to the outcome of this appeal whether Special Issue No. 7, relating to the earlier alleged fraud, was properly submitted or whether it was subject to the objection that it was multifarious, as we held. However, in view of the possibility of…