Wheat v. Montgomery

Eberhardt, Presiding Judge.

Mrs. Joann Wheat brought suit against James H. Montgomery for damages alleged to arise from the wrongful death of her minor child who had been struck by the Montgomery car and fatally injured as he crossed a street in traffic. The defendant filed several defenses, including that of accord and satisfaction alleged to have been effected by releases signed by the plaintiff, and on the basis thereof moved for summary judgment. Plaintiffs deposition was obtained and tendered at the hearing, along with affidavits of plaintiff and her husband and of Charles Cook, an…