Touhy v. Twentieth Century-Fox Film Corp.

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

Plaintiff, Roger Touhy, individually and as administrator of the estate of Roger Touhy, deceased, brought an action against Twentieth Century-Fox Film Corporation and Balaban & Katz Corporation, for breach of contract based on a 1949 release and covenant not to sue executed by the late Roger Touhy. The trial court granted defendants’ motion to strike and dismiss plaintiff’s complaint and entered judgment for defendants. Plaintiff appeals from this order only with reference to Twentieth Century-Fox Film Corporation (defendant).

The…