Spangler v. Kartzmark

On the evening of November 17th, 1935, complainant was injured by reason of being struck by an automobile. On November 25th, 1935, she executed a release to the defendant Kartzmark and she now seeks a surrender and cancellation thereof, alleging (a) fraud in its procurement and (b) that a mutual mistake was made with respect to the injuries which she says were the basis of the settlement between the defendant and herself.

As to fraud. Complainant has failed to prove this element of her case. It clearly appears that the procurement of the release was not unduly hastened and that it was executed…