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Torts-Release Of Joint Tortfeasor

Michigan Law Review

Plaintiff, vendee, sued defendant, vendor, upon an alleged fraudulent warranty that the cows, which were the subject matter of the sale, had been immunized against hemorrhagic septicaemia, or "shipping fever." While in transit, through the negligence of the railroad, the cows were injured. Their resistance to the disease was consequently lowered and they became infected, whereby plaintiff was damaged by consequent sterility, unmarketable milk, and abortions. Plaintiff accepted $1,500 from the railroad as "settlement in full for any liability you may be under." This settlement was pleaded as a bar to the action against the vendor. Held, that plaintiff's …