Smith v. St. Louis & S. F. R.

Citations

• 112 Miss. 878
• 73 So. 801

Syllabus

<p>Release. Promise of re-employment. Injuries to servant. Fraud.</p> <p>Where a railroad engineer being injured, settled with the company for six thousand dollars, and executed a release one year after he received his injuries, which release he claimed was procured by the frudulent misrepresentations of the company that it would employ him as engineer when he had fully recovered, such representations if made did not render the release void, but at most, only voidable and the engineer cannot disregard it and sue at law on his original cause of action without returning or offering to return the consideration paid him, it is only where the release is void that no tender is necessary.</p>