Cook v. City Transport Corp.

I can see no application of Robinson v. Godfrey, 2 Mich. 408, and Morgan v. Butterfield, 3 Mich. 615, to the case at bar. Each of the cases dealt with an agreement made by all contracting parties, not to sue on the contract, for a limited time. In discussing the effect of an agreement never to sue, the court treated it as a new contract, superseding the original, and, therefore, destroying and releasing it. The court recognized that when made with one of several joint debtors, a covenant not to sue is a collateral undertaking and not a release. In no sense are the cases authority for the…