Aetna Casualty & Surety Co., Inc. v. Wg Lothridge Contracting Company, Inc.

Shulman, Presiding Judge.

Appellant brought suit seeking to recover on an open account for insurance provided by appellant to appellee from August 1,1975, to July 19, 1976. Appellee moved for and was awarded summary judgment based upon a mutual release executed by appellant, appellee, and seven other parties. The release was executed on December 1,1980, and arose from the settlement of a lawsuit brought by appellee against appellant over a disputed highway construction contract. The release provided: “It is hereby agreed that First Parties [one of which was appellant], jointly and severally,…