244 S.W. 839 | Tex. App. | 1922
It may be conceded that the consideration (one dollar) to appellee for the release was sufficient to support it, and that appellee therefore was not entitled to have it set aside on the ground alone that it was without a consideration the law recognized. Leath v. Refining Co. (Tex.Civ.App.)
There is no doubt if the negotiations resulting in the settlement had been between Dr. Daniels and appellee and the statement in question had been made by Dr. Daniels to induce appellee to act as he did, the latter would have been entitled to the relief he obtained on showing that the statement was false, that he believed it to be true, and that he was induced by such belief to make the settlement. Such a right in appellee would not have been affected by the fact that the statement, if made in the negotiations was not made on the particular occasion when appellee executed the release, nor by the fact that Dr. Daniels believed it to be true when he made it. R. Co. v. Brown (Tex.Civ.App.)
We see no reason why the rule applicable to facts like those suggested should not be applied here. Haley and Graves knew at the time they negotiated the settlement that Dr. Daniels had made the statement; they assured appellee that the statement was a true one; they knew appellee believed it to be true; and they knew that such belief was the inducement to him to agree to the settlement. Ry. Co. v. Huyett,
"If you find from the evidence that Dr. Scott, prior to the execution of said release, represented to the plaintiff that his injury was not so great as it really was, and if plaintiff believed said representations to be true and relied on the same, and if you further believe that the defendant's agent, Cox, knew of said representations, and that the plaintiff relied on the same, and took advantage of said representations, and the plaintiff's confidence therein to settle with the plaintiff for the sum less than compensation for his injury, then the release is not binding on the plaintiff."
*842The judgment is affirmed.