Spearman v. Southeastern Highway Contracting Co.

Bell, Chief Judge.

The plaintiff executed a covenant not to sue one of the three defendants to this suit, Lothridge. The covenant recited that the monetary consideration given to plaintiff was paid by the liability carrier of Lothridge and was taken "without the knowledge or consent” of Lothridge, the insured. Subsequently, the attorney for plaintiff and the attorney for Lothridge and his insurer executed a rescission of the covenant not to sue, and simultaneously executed another covenant not to sue which provided that the covenant was taken with the consent and knowledge of Lothridge. The…