McCroskey v. Proctor & Gamble Manufacturing Co.

The opinion of the court was delivered by

BurCH, J.:

The action was one for compensation. The plaintiff had settled with the defendant, and had given a release. It was alleged the release was given under a mutual mistake óf fact, and a part of the relief prayed for was that the release be canceled. A demurrer to the petition was overruled, and the defendant appeals.

The portion of the petition against which the demurrer was directed reads as follows:

“Plaintiff further states that at the time of the execution of said release, there was a mutual mistake of fact made by the plaintiff and defendant…