Averett v. Garrigue

77 Cal.App.2d 170 (1946)

C. P. AVERETT, Appellant,

v.

H. J. GARRIGUE, Respondent.

Civ. No. 15364.

California Court of Appeals. Second Dist., Div. One.

Dec. 5, 1946.

Saul S. Klein for Appellant.

Lawrence Paul Scherb for Respondent.

YORK, P. J.

By the instant action, plaintiff seeks to recover from defendant the sum of $2,750, evidenced by a promissory note dated December 31, 1944, plus attorney's fees and costs. As a defense to said action, defendant pleaded an agreement and release dated March 6, 1945, which, it is alleged, "released and discharged this answering defendant from the claim herein sued…