United Leasing Corp. v. Resource Bank

By Judge Randall G. Johnson

The issue before the court is whether plaintiff whose amended motion for judgment alleges that the parties entered into a release ostensibly discharging defendant from all liability for the conduct about which plaintiff now complains, may maintain this action without specifically seeking rescission of the release. The issue is raised by demurrer. The court agrees with defendant that since plaintiff has alleged the existence of a release in the amended motion for judgment, plaintiff must specifically seek its rescission in order to proceed on the amended motion for…