Reinhardt

Appellant (hereinafter called plaintiff or employe) was injured October 10, 1941, while working for appellee (hereinafter called defendant or the Company) in its logging operations and was necessarily hospitalized. On October 24th following, while he was still in the hospital, plaintiff was visited by defendant’s adjuster with the result that plaintiff and defendant then executed a compensation and release agreement providing in part that

And by the agreement defendant was released from all liability except the payments provided in the contract.

Plaintiff commenced this action by filing on May 27, 1942, his complaint for damages for personal injuries, basing federal court jurisdiction on diversity of citizenship and requisite jurisdictional amount. For answer, defendant admitted such jurisdiction and admitted and denied certain other facts, and set up as an affirmative defense the above noted agreement and alleged that pursuant thereto defendant had paid plaintiff all sums due under the contract and had expended large sums for plaintiff’s medical and hospital services, tendered to plaintiff further complete performance of the contract by defendant, and prayed for an injunction…