Torts Keyed to Prosser
Cox v. Pearl Investment Co
Plaintiffs sought recover for injuries sustained when Mrs. Cox fell on property owned by the Defendant. At trial, it was shown that the tenant, Goodwill Industries, had previously paid Plaintiffs $2,500 in consideration of plaintiffs’ execution of a Covenant Not to Proceed with Suit. The trial court found in favor of Defendant on a motion for summary judgment based on the common law rule that the release of one tortfeasor releases all others who may have liability.
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