Price v. Ross

BROSKY, Judge:

This appeal is from summary judgment in favor of appellee. Appellant contends that the pleadings aver mutual mistake on the part of herself and the insurance company with regard to language in a release which covers not only that insurance company but also all other parties. 1 The trial court erroneously concluded that the pleadings raised no issue of mistake and, accordingly, we vacate.

The release in question covered Ora H. Price, the insured, and “any and all persons”.

The trial court concluded that, “There is no claim of ... mutual mistake.” This was an error. In appellant’s…