McMullan v. Nichols

Sognier, Judge.

Charles W. Nichols sued Billy and Rhonda McMullan seeking recovery for personal injuries arising out of an automobile accident. The McMullans pleaded accord and satisfaction on the basis of a release executed by Nichols and a draft endorsed by appellee. The release stated that it included “all claims... on account of all personal injury . . . property damage . . . already sustained or that I may hereafter sustain . . .” The draft recited “In payment of any and all claims arising from accident of 2/17/81.” The McMullans moved for summary judgment attaching the release and draft.…