Rasmussen v. Freehling

Opinion by

Mr. Justice Frantz.

The Rasmussens are before this court claiming that the district court erred in entering a judgment of dismissal in favor of Freehling, solely on the pleadings. Specifically at issue is whether a release obtained by an alleged misrepresentation of Freehling’s attorney as to the contents and legal effect of the document placed before the Rasmussens is a complete defense to their claim.

This suit grew out of an automobile collision on November 24, 1957, between vehicles driven by Mr. Rasmussen and Mr. Freehling in which the Rasmussen automobile was damaged and Mrs.…