Betcher v. Kunz

Citations

• 112 Wash. 563
• 192 P. 955
• 1920 Wash. LEXIS 772

Syllabus

<p>Pleading (42)—Answer—Inconsistent Defenses. A general denial of a fraudulent conspiracy is not inconsistent with an affirmative defense of a release of damages.</p> <p>Release (6)—Operation and Effect—Joint Tort Feasors. Tbe acceptance of a sum of money from one joint tort feasor in satisfaction of a claim for damages and the execution of a release therefor operates as a release of the other joint tort feasor.</p> <p>Same (6)—Operation and Effect—Evidence. A release of damages from the sale of a certain block of stock reciting that it releases the seller from any and all further pecuniary liability for or on account of the sale of any of the stock of the company covers a conspiracy in the sale of other stock, and is not confined to the particular stock sold.</p> <p>Evidence (179)—Parol to Vary Writing—Operation and Effect of Release. The plain terms of an unambiguous release of damages cannot he contradicted by parol testimony that the release was not intended to include what the language expressly shows was included.</p> <p>Release (8)—Validity—Fraud—Evidence—Sufficiency. A release of damages should not he set aside for fraud where the parties dealt at arm’s length, were represented by counsel, and there was no overreaching.</p>