Edens v. Fletcher

Citations

• 79 Kan. 139
• 98 P. 784
• 1908 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Joint Wrong-doers-1-Release of One—Effect. An acknowledgment by the plaintiff of satisfaction against two of several defendants, who are sued as joint wrong-doers, will not release the others, where the instrument offered to show such release shows that it was not intended to have such effect.</p> <p>2. - Reservation of Right to Proceed against Others. Where such acknowledgment of satisfaction contains an express reservation of the right to proceed against the other joint wrong-doers, who are codefendants with those released, and other expressions in the instrument are not inconsistent with the retention of such right, the intention of the parties that the instrument should not operate as a release of such codefendants sufficiently appears.</p>