Herndon v. Wright

Brailsford, Justice:

Plaintiff appeals from an order sustaining defendant’s demurrer to his second cause of action, whereby he seeks rescission, on the ground of mutual mistake, of a release executed by him following an automobile collision in which he sustained personal injuries. The complaint, in form, is divided into three causes of action. The first is for damages for personal injuries, and the third is for rescission of the release on the ground of fraud. It is probable that plaintiff has only one cause of action for recission of the release, and that the complaint merely states…