Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

Full Text

1,694 chars

In tbe decision of this cause it was held that tbe general words of tbe receipt were broad enough, unless otherwise understood, to embrace and discharge not only tbe second suit, but “ all causes of action then existing in favor of tbe plaintiff against tbe defend-*604ante., whether-joint or several,” and that such was their, effect,-so far as any claims pertain to or grow out pf the lease.. The point now made was not overlooked, though the argument of counsel and the language of the court was directed almost entirely to the pending suit. But the settlement between Messrs. Broadhead and Krum, as they state .it, not .only.included the second suit, but “the whole thing.” Mr. Broadhead testified that “Judge Krum insisted upon a settlement, of the whole thing. I am confident of that; I yielded,to that.” And Mr...Krum testifies that Grumley recognized the settlement- as including “the .whole controversy about this property,” and that the .parties,, as he understood them to say, “had come to.,a.settlement of all their difficulties.” That Mr. Broadhead here details the facts as they ■actually occurred is not denied; that he explained to Grumley .the receipt evidencing this sweeping settlement .is not denied; that he was therein frank .and.faithful to.his client is not questioned ; .yet it .is still insisted upon that Grumley.was left in the dark as to the .true character of the settlement, and that, too, in face of the fact that he read and signed,a receipt which declared in. express terms,.and in language., to which, men usually attach but one meaning, that the $6,500 was accepted as a full satisfaction ..of..all claims and demands then had. or held against the defendant.

Other Sections in This Document (174)

Full Text