Camp v. Hatcher

Felton, Chief Judge.

The plaintiff in this case presents facts seeking to show that it is entitled to an affirmance of its summary judgment on two theories of law: (1) that the facts pre sented show as a matter of law that the contract sued on was not procured by fraud or duress, and (2) that assuming that there was fraud and duress by which the execution of the contract was procured, both the fraud and duress were waived by the defendant when he paid the sum of $50,000 to the plaintiff as a credit on the contract sued on knowing at the time of such payment all of the facts and circumstances…