Sattler v. Niederkorn

The objection that the counterclaim does not state a cause of action is based upori the fact that defendant voluntarily settled with the Greens without a judicial determination of his liability and that the agreement entered into between the parties does not justify the payment by the defendant except as a volunteer. We cannot so construe the agreement. If it was so understood by the plaintiff at the time it was entered into, namely, that its execution and settlement under it by the defendant would relieve plaintiff from liability, then it was but a ruse employed to saddle all the liability…