Mitchell v. Sinclair Refining Co.

This suit was originally brought by Arthur F. Mitchell and wife, Mae P. Mitchell, against Sinclair Refining Company for damages to real estate owned by them as. tenants by the entirety.

A plea in abatement was filed which alleged the husband had executed an agreement which relieved defend*518ant from the damages sought. This agreement will be referred to later in this opinion.

The trial judge sustained the plea in abatement. On appeal, the Court of Appeals affirmed as to the husband; but held the plea in abatement did not raise the question the execution of the agreement by the husband alone barred…