Gilbert v. Timms

Citations

• 18 Ohio C.C. Dec. 107
• 7 Ohio C.C. (n.s.) 253
• 1905 Ohio Misc. LEXIS 461

Syllabus

<p>COMPROMISE — RELEASE.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>COMPROMISE with ONE JOINT TORT FEASOR RELEASES OTHERS, IF ACTION FOR UN-LIQUIDATED Damages.</p> <p>A compromise with one joint tort feasor, containing an express reservation of the right to prosecute the other defendant for a balance in excess of the amount so received will operate to release the latter if the action be for unliquidated damages; where, however, the damages are measurable under fixed rules of law, and it is therefore easy to determine whether or not the amount paid is full compensation and satisfaction, for the injury complained of, whether such agreement will discharge the other tort feasor only pro tanto, quaere.</p> <p>[Syllabus approved by the court.]</p>