District Court, W.D. Washington April 14, 1933, No. 20481 (Peterson v. A. Guthrie & Co.)

NETERER, District Judge

(after stating the facts as above).

I am constrained to the conclusion that there was a mistake of a past and present existing fact, and that the plaintiffs were misled against their will in the execution of the release by statements, representations, and conduct of defendant’s agents, in that the plaintiffs were not advised as to the true status of the wife’s condition