Adams Express Co. v. Beckwith

Citations

• 100 Ohio St. (N.S.) 348

Syllabus

<p>Negligence — Joint tort-feasors — Written release construed — Presumptions and specific covenants — All wrongdoers not discharged, when.</p> <p>1. A written release in general and unqualified terms, made and executed upon legal consideration between a party wronged and one or more of the persons charged with the commission of the wrong, is presumed in law to be a release for the benefit of all the wrongdoers.</p> <p>2. Such written releases, however, are to be construed according to the well-known • rules governing the construction of contracts.</p> <p>3. Where such written releases expressly provide that the release is solely and exclusively for the benefit of the parties thereto, and expressly reserves a right of action as against any other wrongdoer, such reservation is legal and available to the parties thereto.</p> <p>4. Such written release, whether it be a covenant not to sue, a covenant to cease suing, or a covenant in partial satisfaction, does not inure to the benefit of any other persons than those who are parties to such written release, save and except that it is a satisfaction pro tanto to the party wronged and to that extent works a discharge to all joint wrongdoers. (Ellis v. Bitzer, 2 Ohio, 89, disapproved and overruled.)</p>