22 Indiana opinions name it 2 courts 1895–2018 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Tru-Cal, Inc. v. Conrad Kacsik Instrument Systems, Inc.green1 sentence2018BloomBank maintains that the Release does not bar its breach of contract claims because BloomBank was fraudulently induced into executing the Purchase Agreement containing the Release. 5 *722 Tru-Cal, Inc. v. Conrad Kacsik Instrument Sys., Inc. , 905 N.E.2d 40 , 44 (Ind. Ct. App. 2009) ("The general principle that fraud in the inducement vitiates a contract applies to releases."), trans. denied . | 1 | 1 |
Bedwell v. Deboltgreen2 sentences2012See, e.g., Cooper v. Robert Hall Clothes, Inc., 271 Ind. 63 , 390 N.E.2d 155, 157-58 (1979) (citing Bedwell v. DeBolt, 221 Ind. 600 , 50 N.E.2d 875 (1943)) (plaintiffs settlement with two defendant companies released remaining jointly and severally liable defendant). 2012See, e.g., Cooper v. Robert Hall Clothes, Inc., 271 Ind. 63 , 390 N.E.2d 155, 157-58 (1979) (citing Bedwell v. DeBolt, 221 Ind. 600 , 50 N.E.2d 875 (1943)) (plaintiffs settlement with two defendant companies released remaining jointly and severally liable defendant). | 1 | 1 |
Cooper v. Robert Hall Clothes, Inc.green2 sentences2012See, e.g., Cooper v. Robert Hall Clothes, Inc., 271 Ind. 63 , 390 N.E.2d 155, 157-58 (1979) (citing Bedwell v. DeBolt, 221 Ind. 600 , 50 N.E.2d 875 (1943)) (plaintiffs settlement with two defendant companies released remaining jointly and severally liable defendant). 2012See, e.g., Cooper v. Robert Hall Clothes, Inc., 271 Ind. 63 , 390 N.E.2d 155, 157-58 (1979) (citing Bedwell v. DeBolt, 221 Ind. 600 , 50 N.E.2d 875 (1943)) (plaintiffs settlement with two defendant companies released remaining jointly and severally liable defendant). | 1 | 1 |
Jackson v. Stategreen2 sentences2008Jackson v. State, 253 Ind. 487 , 255 N.E.2d 515, 518 (1970) (De-Bruler J., dissenting.) On certiorari, the Supreme Court adopted Justice DeBru-ler’s dissent and held that the defendant had been deprived of equal protection because the statutes subjected criminal defendants to a more lenient commitment standard and a more stringent release standard than persons not charged with crimes. 2008Jackson v. State, 253 Ind. 487 , 255 N.E.2d 515, 518 (1970) (De-Bruler J., dissenting.) On certiorari, the Supreme Court adopted Justice DeBru-ler’s dissent and held that the defendant had been deprived of equal protection because the statutes subjected criminal defendants to a more lenient commitment standard and a more stringent release standard than persons not charged with crimes. | 1 | 1 |
Colgan v. Agway, Inc.green2 sentences1999In Colgan v. Agway, Inc., 150 Vt. 373 , 553 A.2d 143, 146 (1988), the court addressed a situation like the one before us where a provision which purported to release a party from its own negligence was located outside of a release and waiver of Lability clause: Moreover, the purported release is located at the very end of a warranty clause of a performance contract which sets forth with particularity the parties’ respective performance obligations in separate paragraphs. 1999In Colgan v. Agway, Inc., 150 Vt. 373 , 553 A.2d 143, 146 (1988), the court addressed a situation like the one before us where a provision which purported to release a party from its own negligence was located outside of a release and waiver of Lability clause: Moreover, the purported release is located at the very end of a warranty clause of a performance contract which sets forth with particularity the parties’ respective performance obligations in separate paragraphs. | 1 | 1 |
Wecker v. Kilmergreen2 sentences1992See Griffin v. Carmel Bank & Trust Co. (1987), Ind.App., 510 N.E.2d 178, 182 , citing Wecker v. Kilmer (1973), 260 Ind. 198 , 294 N.E.2d 132 . 1992See Griffin v. Carmel Bank & Trust Co. (1987), Ind.App., 510 N.E.2d 178, 182 , citing Wecker v. Kilmer (1973), 260 Ind. 198 , 294 N.E.2d 132 . | 1 | 1 |
Griffin v. Carmel Bank & Trust Co.green2 sentences1992See Griffin v. Carmel Bank & Trust Co. (1987), Ind.App., 510 N.E.2d 178, 182 , citing Wecker v. Kilmer (1973), 260 Ind. 198 , 294 N.E.2d 132 . 1992See Griffin v. Carmel Bank & Trust Co. (1987), Ind. App., 510 N.E.2d 178, 182 , citing Wecker v. Kilmer (1973), 260 Ind. 198 , 294 N.E.2d 132 . | 1 | 1 |
Gumberts v. Greenberggreen2 sentences1989LaFrenz v. Lake County Fair Board (1977), 172 Ind.App. 389, 392 , 360 N.E.2d 605, 607 ; see also Gumberts v. Greenberg (1953), 124 Ind.App. 138, 145 , 115 N.E.2d 504, 507 , (Generally, where there is no fraud or overreaching involved and the parties' intent to settle for unknown injuries is clearly expressed, a release is a bar to recovery for injuries subsequently discovered.) Therefore, the parties to the present case were free to include in the purchase agreement a provision releaging the Lechners from liability arising out of even latent defects. 3 The trial court erred in failing to recog 1989LaFrenz v. Lake County Fair Board (1977), 172 Ind.App. 389, 392 , 360 N.E.2d 605, 607 ; see also Gumberts v. Greenberg (1953), 124 Ind.App. 138, 145 , 115 N.E.2d 504, 507 , (Generally, where there is no fraud or overreaching involved and the parties' intent to settle for unknown injuries is clearly expressed, a release is a bar to recovery for injuries subsequently discovered.) Therefore, the parties to the present case were free to include in the purchase agreement a provision releaging the Lechners from liability arising out of even latent defects. 3 The trial court erred in failing to recog | 1 | 1 |
Miller v. Grieselgreen2 sentences1976See Miller v. Griesel (1974), 261 Ind. 604 , 308 N.E.2d 701 . 1976See Miller v. Griesel (1974), 261 Ind. 604 , 308 N.E.2d 701 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Huffman v. Monroe County Community School Corp.
green
2 sentences2012Corp., 588 N.E.2d 1264 (Ind.1992). 2012Id. at 1266 (citing Restatement (Second) of Judgments § 50 (1982); Restatement (Second) of Torts §§ 885, 886 (1979); 3 Harper, Gray & James, The Law of Torts 37 (2d ed., 1986)). | 5 | 1995–2012 |
Plumley v. Stanelle
green
1 sentence2012Id. at 279 . | 1 | 2012–2012 |
Jackson v. Indiana
green
2 sentences2008Jackson, 406 U.S. at 730 , 92 S.Ct. 1845 . 2008Jackson, 406 U.S. at 730 , 92 S.Ct. 1845 . | 1 | 2008–2008 |
Farm Bureau Mutual Ins. Co. v. Seal, Admr.
green
2 sentences1999E.g., Farm Bureau, 134 Ind.App. at 277 , 179 N.E.2d at 763 . 1999E.g., Farm Bureau, 134 Ind.App. at 277 , 179 N.E.2d at 763 . | 1 | 1999–1999 |
Dobson v. Citizens Gas and Coke Utility
green
1 sentence1995Huffman v. Monrce County Community School Corp. (1992) Ind., 588 N.E.2d 1264 ; Arnold v. Burton (1995) Ind.App., 651 N.E.2d 1202 ; Dobson v. Citizens Gas and Coke Utility (1994) Ind.App., 634 N.E.2d 1343 . | 1 | 1995–1995 |
Arnold v. Burton
green
1 sentence1995Huffman v. Monrce County Community School Corp. (1992) Ind., 588 N.E.2d 1264 ; Arnold v. Burton (1995) Ind.App., 651 N.E.2d 1202 ; Dobson v. Citizens Gas and Coke Utility (1994) Ind.App., 634 N.E.2d 1343 . | 1 | 1995–1995 |
Huffman v. Monroe County Community School Corp.
green
2 sentences1992Additionally, the Court of Appeals expressed its displeasure with the rule, while affirming the trial court's entry of summary judgment in the present case, by stating: "In any event, regardless of whether the release rule has ever constituted anything but an abomination in law, we must follow our supreme court's precedents of Bellew, supra and Cooper, supra." 564 N.E.2d at 965 . 1992Additionally, the Court of Appeals expressed its displeasure with the rule, while affirming the trial court's entry of summary judgment in the present case, by stating: "In any event, regardless of whether the release rule has ever constituted anything but an abomination in law, we must follow our supreme court's precedents of Bellew, supra and Cooper, supra." 564 N.E.2d at 965 . | 1 | 1992–1992 |
Young v. Hoke
green
2 sentences1991She noted further that the Indiana Supreme Court has continued to adhere to the release rule despite intense criticism. - For example, Judge Barker noted Judge Garrard's excellent criticism of the rule in his dissenting opinion in Young v. Hoke (1986), Ind.App., 493 N.E.2d 1279 trans. denied. 1991For example, Judge Barker noted Judge Garrard's excellent criticism of the rule in his dissenting opinion in Young v. Hoke (1986), Ind. App., 493 N.E.2d 1279 trans. denied. | 1 | 1991–1991 |
LaFrenz v. Lake County Fair Board
green
2 sentences1989LaFrenz v. Lake County Fair Board (1977), 172 Ind.App. 389, 392 , 360 N.E.2d 605, 607 ; see also Gumberts v. Greenberg (1953), 124 Ind.App. 138, 145 , 115 N.E.2d 504, 507 , (Generally, where there is no fraud or overreaching involved and the parties' intent to settle for unknown injuries is clearly expressed, a release is a bar to recovery for injuries subsequently discovered.) Therefore, the parties to the present case were free to include in the purchase agreement a provision releaging the Lechners from liability arising out of even latent defects. 3 The trial court erred in failing to recog 1989LaFrenz v. Lake County Fair Board (1977), 172 Ind.App. 389, 392 , 360 N.E.2d 605, 607 ; see also Gumberts v. Greenberg (1953), 124 Ind.App. 138, 145 , 115 N.E.2d 504, 507 , (Generally, where there is no fraud or overreaching involved and the parties' intent to settle for unknown injuries is clearly expressed, a release is a bar to recovery for injuries subsequently discovered.) Therefore, the parties to the present case were free to include in the purchase agreement a provision releaging the Lechners from liability arising out of even latent defects. 3 The trial court erred in failing to recog | 1 | 1989–1989 |
Aro Manufacturing Co. v. Convertible Top Replacement Co.
green
2 sentences1978A much later case, Aro Manufacturing Co., Inc. v. Convertible Top Replacement Co., Inc. (1964), 377 U.S. 476, 500 , 84 S.Ct. 1526, 1540 , 12 L.Ed.2d 457 , has almost nothing to say about the history or theory of either the old or the new rule. 1978A much later case, Aro Manufacturing Co., Inc. v. Convertible Top Replacement Co., Inc. (1964), 377 U.S. 476, 500 , 84 S.Ct. 1526, 1540 , 12 L.Ed.2d 457 , has almost nothing to say about the history or theory of either the old or the new rule. | 1 | 1978–1978 |
Hanson v. Northern States Power Co.
green
2 sentences1953Hanson v. Northern States Power Co. (1936), 198 Minn. 24 , 268 N. W. 642 ; Berry v. Struble (1937), 20 Cal. App. 2d 299 , 66 P. 2d 746 . *146 *145 This court recently upheld the rescission of a release contract, somewhat similar to that here involved, be *146 cause of a mutual mistake of fact by the parties. 1953Hanson v. Northern States Power Co. (1936), 198 Minn. 24 , 268 N. W. 642 ; Berry v. Struble (1937), 20 Cal. App. 2d 299 , 66 P. 2d 746 . *146 *145 This court recently upheld the rescission of a release contract, somewhat similar to that here involved, be *146 cause of a mutual mistake of fact by the parties. | 1 | 1953–1953 |
Berry v. Struble
green
2 sentences1953Hanson v. Northern States Power Co. (1936), 198 Minn. 24 , 268 N. W. 642 ; Berry v. Struble (1937), 20 Cal. App. 2d 299 , 66 P. 2d 746 . *146 *145 This court recently upheld the rescission of a release contract, somewhat similar to that here involved, be *146 cause of a mutual mistake of fact by the parties. 1953Hanson v. Northern States Power Co. (1936), 198 Minn. 24 , 268 N. W. 642 ; Berry v. Struble (1937), 20 Cal. App. 2d 299 , 66 P. 2d 746 . *146 *145 This court recently upheld the rescission of a release contract, somewhat similar to that here involved, be *146 cause of a mutual mistake of fact by the parties. | 1 | 1953–1953 |
McLean v. Equitable Life Assurance Society of the United States
neutral
1 sentence1941McLean, Administrator v. Equitable Life Assurance Society of the U. S. (1885), 100 Ind. 127 , 50 Am. | 1 | 1941–1941 |
Allen v. Kitchen
green
2 sentences1921This cannot be done.” In Allen v. Kitchen (1909), 16 Idaho 133 , 100 Pac. 1052 , L. 1921This cannot be done.” In Allen v. Kitchen (1909), 16 Idaho 133 , 100 Pac. 1052 , L. | 1 | 1921–1921 |
Steward v. . Albany Insurance Company
neutral
1 sentence1913Supp. 508 , affirmed in (1904) 179 N. Y. 544 , 71 N. E. 1141 , it was held that a contract between a superintendent of a street railway company, in behalf of the company for life employment, in consideration of a release of his claim, was upheld, since the company retained the release, and thereby accepted the benefit of the contract. | 1 | 1913–1913 |
People Ex Rel. Hurley v. . Roosevelt
neutral
1 sentence1913Supp. 508 , affirmed in (1904) 179 N. Y. 544 , 71 N. E. 1141 , it was held that a contract between a superintendent of a street railway company, in behalf of the company for life employment, in consideration of a release of his claim, was upheld, since the company retained the release, and thereby accepted the benefit of the contract. | 1 | 1913–1913 |
Glassburn v. Deer
neutral
1 sentence1903Stauffer v. Salimonie Mining, etc., Co., 147 Ind. 71 , and cases cited; Manlove v. State, 153 Ind. 80 , and cases cited; McGrew v. Grayston, 144 Ind. 165, 167 , and authorities cited; Glass- burn v. Deer, 143 Ind. 174, 183 , and authorities cited; Sonntag v. Klee, 148 Ind. 536 . | 1 | 1903–1903 |
McGrew v. Grayston
neutral
1 sentence1903Stauffer v. Salimonie Mining, etc., Co., 147 Ind. 71 , and cases cited; Manlove v. State, 153 Ind. 80 , and cases cited; McGrew v. Grayston, 144 Ind. 165, 167 , and authorities cited; Glass- burn v. Deer, 143 Ind. 174, 183 , and authorities cited; Sonntag v. Klee, 148 Ind. 536 . | 1 | 1903–1903 |
Stauffer v. Salimonie Mining & Gas Co.
green
1 sentence1903Stauffer v. Salimonie Mining, etc., Co., 147 Ind. 71 , and cases cited; Manlove v. State, 153 Ind. 80 , and cases cited; McGrew v. Grayston, 144 Ind. 165, 167 , and authorities cited; Glass- burn v. Deer, 143 Ind. 174, 183 , and authorities cited; Sonntag v. Klee, 148 Ind. 536 . | 1 | 1903–1903 |
Sonntag v. Klee
neutral
1 sentence1903Stauffer v. Salimonie Mining, etc., Co., 147 Ind. 71 , and cases cited; Manlove v. State, 153 Ind. 80 , and cases cited; McGrew v. Grayston, 144 Ind. 165, 167 , and authorities cited; Glass- burn v. Deer, 143 Ind. 174, 183 , and authorities cited; Sonntag v. Klee, 148 Ind. 536 . | 1 | 1903–1903 |
Manlove v. State
green
1 sentence1903Stauffer v. Salimonie Mining, etc., Co., 147 Ind. 71 , and cases cited; Manlove v. State, 153 Ind. 80 , and cases cited; McGrew v. Grayston, 144 Ind. 165, 167 , and authorities cited; Glass- burn v. Deer, 143 Ind. 174, 183 , and authorities cited; Sonntag v. Klee, 148 Ind. 536 . | 1 | 1903–1903 |
| Spaulding v. Crane neutral | 1 | 1895–1895 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.