Wallace
Wallace v. Laugharn
Opinion
Lead Opinion
Wilbur, J.
The appellant filed a claim with the referee for $12,012.50, who allowed it for $2,-302 only. Claimant petitioned for a review of the referee’s order rejecting the claim to the extent of $9,650.50, and the order was affirmed. Appellant takes this appeal from the order of the District Court.
Appellant had released his claim for $9,-650.50 on June 6, 1930, under eircumstanc-es hereinafter stated. He contends that the Runnymede Finance Corporation, among other things, represented to him, in order to secure his release of said claim, that one P. M. Young would support the Runnymede Finance Company in keeping alive its permit from the State Corporation Commissioner allowing the sale of its stock, and that on June 7 he canceled the release “because of the failure of P. M. Young to keep his promise,” although, as the findings state, Young knew nothing of the promise. It is clear that in order for the appellant to sustain his contention, assuming, without deciding, that there is any legal basis for such contention, it was at least essential for him to show that Young had not kept the agreement which was made on his behalf and without his knowledge by the president of the Runnymede…