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Civil Procedure Keyed to Marcus
Dice v. Akron, Canton & Youngstown R. Co
Facts
Respondent offered several affirmative defenses, including a written document signed by Petitioner purporting to release Respondent from all liability in full for $924.63. Petitioner admitted that he had signed several receipts for payment made to him, but denied that he had made a full and complete settlement of his claims. Petitioner alleged that the purported release was void because he had signed it relying on Respondent’s deliberately false statement that the document was nothing more than a receipt for back wages. At trial, the jury found in favor of the Petitioner and awarded him $25,000. The trial judge later entered judgment notwithstanding the verdict. The judgment notwithstanding the verdict was reversed by the Court of Appeals of Summit County, Ohio. The Supreme Court of Ohio reversed the judgment of the court of appeals and sustained the trial court’s action.
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