Texas & P. Ry. Co. v. Presley

It seems to me there are at least two obstacles to an affirmance of this judgment. One is that the pleadings did not present a cause of action to cancel the release of the cause of action for damages; the grounds for cancellation being presented only by way of avoidance of the release. The other is that, as a matter of law, the evidence properly appraised, in connection with the terms of the release, was insufficient to authorize cancellation of the release.

Both of these questions are rendered difficult by reason of decisions apparently supporting contrary answers.

The first question, it is…