Larsen

Larsen v. Johannes

Good Law
7 Cal. App. 3d 491·86 Cal. Rptr. 744
Court of Appeal of CaliforniaMay 11, 197026187California5,606 words

Opinion

Opinion

Harold R. Farrow and Anne R. Grupp for Cross-complainants and Appellants.

Farella, Braun & Martel and David H. Melnick for Cross-defendant and Respondent.

OPINION

DAVID, J., [*]

Respondent Johannes was employed by appellant landowners to design a large $900,000 apartment house project. He prepared the basic architectural plans and specifications. Disputes arose before any further architectural services were rendered during actual construction or any supervision was provided. The landowners purported to terminate his contracts for services. Thereafter, there was a mutual rescission. In this transaction, the parties executed a mutual release "from any and all claims, demands, actions, or suits of any kind, arising out of any liability, known or unknown, of said parties to each other, including but not limited to, any liability arising out of the agreements made by the parties on August 21, 1962, January 15, 1965, and March 30, 1965, with respect to The Pentagon Apartment project."

Based upon such rescission and the mutual release, Johannes secured a summary judgment, upon appellants' refusal to honor this settlement and to relieve him of this claim, suing him in their…

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