Cortez v. Spokane International Railway Co.

Citations

• 112 Wash. 289
• 191 P. 820
• 1920 Wash. LEXIS 702

Syllabus

<p>Release (8)—Validity—Fbaud—Evidence—Sufficiency. Under the rule that evidence of fraud must he clear and convincing, a release of damages is not shown to have been fraudulently obtained by statements of doctors that plaintiff’s foot would be all right and as good as ever in thirty to sixty days, where the settlement was made at plaintiff’s solicitation and upon his own terms, he after-wards worked again for defendant for eight months in the same capacity as at the time of his injury, and waited more than a year after the settlement before bringing an action for damages, and there was no evidence of bad faith on the part of the doctors, who were disinterested and gave mere expressions of opinion and not a guarantee.</p>